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Full text of "Annual report of the town of Chelmsford"

ANNUAL TOWN REPORT 




CHELMSFORD 



1998 



TABLE OF CONTENTS 

GENERAL INFORMATION 3 

Information 3 

Phone Directory 4 

Elected Officials 5 

Town Officials 6 

Balance Sheet 7 

Town Meeting Representatives 8 

TOWN OFFICES 11 

Board of Selectman 11 

Town Manager 12 

Accounting Department 13 

Board of Assessors 13 

Board of Health 14 

Board of Registrars 16 

Inspections Department 16 

MIS Department 17 

Office of Emergency Management 17 

Personnel Board 18 

Public Library 18 

Recreation Commission 20 

Recycling Committee 21 

Sewer Commission 21 

Town Clerk 23 

Treasurer/Tax Collector 24 

PUBLIC SAFETY 25 

Police Department 25 

Auxiliary Police Report 29 

Fire Department 29 

Fire Department Roster 30 

Fire Department Calls 31 

Office of the Dog Officer 32 

DEPARTMENT OF PUBLIC WORKS 33 

Engineering Division 33 

Highway Division: 34 

Public Buildings 35 

Parks Division 35 

Sewer Division 36 

EDUCATION 37 

School Committee 37 

Assistant Superintendent for Curriculum and Instruction 39 

Nashoba Valley Technical High School 40 



TOWN COMMITTEES AND COMMISSIONS 42 

Arts & Technology Education Fund 42 

Board Of Appeals 42 

Celebrations Committee 44 

Cemetery Commission 44 

Community Services Council 45 

Conservation Commission 45 

Council on Aging 46 

Cultural Council 47 

Finance Committee 48 

Historic District Commission 48 

Holiday Decorating Committee 49 

Housing Authority 50 

Planning Board 50 

Veterans' Emergency Fund 53 

Veterans' Emergency Fund Committee 53 

Veterans' Services 54 

TOWN MEETINGS AND ELECTIONS 55 

Warrant for the Annual Town Election April 7, 1998 and Town Meeting April 27, 1998 55 

Warrant for Special Town Meeting April 27, 1998 56 

Town Election April 7, 1998 56 

Annual Town Meeting April 27, 1998 59 

Special Town Meeting April 27, 1998 60 

Adjourned Annual Town Meeting April 30, 1998 67 

Warrant for State Primaries September 15, 1998 73 

Democratic State Primary September 15,1998 74 

Republican State Primary - September 15,1998 76 

Reform State Primary - September 15,1998 77 

Warrant for Annual Town Meeting October 19, 1998 79 

Annual Fall Town Meeting October 19, 1998 79 

Adjourned Annual Fall Town Meeting October 22, 1998 86 

Warrant for State Election November 3, 1998 143 

State Election November 3, 1998 144 



-2- 



8$p|^l 



Information 


Incorporated 


May, 1655 




Type of Government 


Sel / Town Mgr / Town Meeting 




Location 


Eastern Massachusetts, bordered by Lowell and Tyngsboro on the North, Billerica on the 
East, Carlisle on the South, and Westford on the West. It is 24 miles from Boston, 40 miles 
from Worcester, and 225 miles from New York City. 


County 


Middlesex 




Land Area 


22.54 Square Miles 




Population 1995 


32,107 




Tax Rate 


($18.11 Residential and Commercial) 




U. S. Senators in Congress: 


5th Congressional District 


Martin Meehan, Lowell, MA 




State Senator 


Susan Fargo, Lincoln, MA 




Representative in General Court 


16th Middlesex District 


Carol C. Cleven, Chelmsford, MA 




Accounting Department 


Monday thru Friday 


8:30 a.m. -5:00 p.m. 


Assessors Office 


Monday 


8:30 a.m. - 6:30 p.m.* 




Tuesday thru Friday 


8:30 a.m. -5:00 p.m. 


Board of Health 


Monday thru Friday 


8:30 a.m. - 4:30 p.m. 


Building Department 


Monday thru Friday 


8:30 a.m. - 4:30 p.m. 


Highway Department 


Office 


Monday thru Friday 


7:30 a.m. -3:30 p.m. 


Garage 


Monday thru Friday 


7:30 a.m. -3:30 p.m. 


Public Libraries 


Adams Library 


Monday thru Thursday 


9:00 a.m. - 9:00 p.m. 




Friday & Saturday 


9:00 a.m. - 5:30 p.m. 




Sunday (Oct to May) 


1:00 p.m. -5:00 p.m. 


! McKay Library 


Monday & Wednesday 


11:00 a.m. -8:00 p.m. 




Tuesday, Thursday, Friday 


11:00 a.m. -5:00 p.m. 




Saturday 


10:00 a.m. -3:00 p.m. 


School Superintendent 


Monday thru Friday 


8:00 a.m. -4:30 p.m. 


Selectmen's Office 


Monday thru Friday 


8:30 a.m. -5:00 p.m. 


Town Clerk 


Monday 


8:30 a.m. -6:30 p.m.* 




Tuesday thru Friday 


8:30 a.m. -5:00 p.m. 



3- 



Tax Collector & Treasurer 


Monday 


8:30 a.m. - 6:30 p.m.* 




Tuesday thru Friday 


8:30 a.m. - 5:00 p.m. 


Veterans' Agent Office 


Monday, Wednesday, and Friday 


8:30 a.m. -4:00 p.m. 



Meeting 


When 


Where 


Annual Town Election 


First Tuesday in April 


9 Precincts 


Annual Town Meeting 


Last Monday in April 


Senior Center 


Annual Town Meeting 


Third Monday in October 


Senior Center 


Selectmen 


7:00 p.m. - Every other Monday 


Town Offices 


School Committee 


7:30 p.m. - Every other Tuesday 


Parker School 


Planning Board 


7:30 p.m. - 2nd & 4th Wednesday 


Town Offices 


Appeals Board 


7:30 p.m. - 2nd & 4th Thursday 


Town Offices 


Conservation Commission 


8:00 p.m. - 1st & 3rd Tuesday 


Town Offices 


Board of Health 


5:00 p.m. - 1st Tuesday of Month 


Town Offices 


Housing Authority 


7:30 p.m. - 1st Tuesday of Month 


10 Wilson Street 



Phone Directory 



Accounting 250-5215 

Assessor 250-5220 

Board of Appeals 250-5247 

Building Inspector 250-5225 

Cemetery 250-5245 

Conservation Commission 250-5247 

Council on Aging 251-0533 

Dog Officer 256-0754 

Fire Department 256-2541 

All Other Fire Business 250-5267 

Gas Inspector 250-5225 

Health Department 250-5241 

Highway Department 250-5270 

Garage 250-5271 

Housing Authority 256-7425 

Libraries: 

Adams 256-5521 

McKay 251-3212 

Personnel 250-5288 

Planning Board 250-5231 

Plumbing Inspector 250-5225 

Police Department 256-2521 

Post Office (Center) 256-2361 

Recreation Commission 250-5262 

School Administration 251-5100 

Selectmen 250-5201 

Sewer Commission 250-5233 

Supt. of Public Bldgs 250-5249 

Town Clerk 250-5205 

Town Engineer 250-5228 

Town Manager 250-5201 

-4- 



Treasurer/Tax Collector 250-5210 

Veterans' Agent 250-5238 

Water Department 

Chelmsford 256-2381 

East Water 453-0121 

North Water 251-3931 

Wiring Inspector 250-5225 



Elected Officials 



CEMETERY COMMISSION 



James F. Dolan 


106 Middlesex Street 


251-3105 


1999 


Jean R. McCaffery 


201OldWestfordRd. 


256-5333 


2000 


Gerald L. Hardy 


1 1 Meehan Drive 


256-6717 


2001 


CONSTABLE 




(3 yr Term - 


elected) 


William E. Spence 


91 Billerica Road 


256-4581 


2001 


BOARD OF HEALTH 




(3 yr Term - 


elected) 


Peter Dulchinos 


17 Spaulding Road 


256-5256 


1999 


Douglas E. Hausler 


5 1 Stonegate Road 


256-8194 


2000 


Paul J. Canniff 


8 Westford Street 


256-3261 


2001 


HOUSING AUTHORITY 




(5 yr Term - elected) 




Mary E. (Lisa) Royce 


Resigned Nov 13, 1998 




2000 


**Denise Marcaurelle 


7 Whippletree Rd 


256-0942 


1999 


William P. Keohane 


82 Prescott Drive 


251-8002 


2001 


Lynn M. Marcella 


74 Carlisle Street 


458-6807 


2002 


Scott Johnson 


25 Samuel Road 


256-3205 


2003 


Pamela Turnbull 


535 Wellman Ave (Govni 


Appt) 251-4778 


7/03 


**Appt 12/16/99 by Selectmen & Housing Authority till 4/6/1999, then position will be 




unexp 1 yr term expiring in 


2000 






LIBRARY TRUSTEES 




(3 yr Term 


- elected) 


Kathryn M. Fisher, CHRM 


2 Kelshill Road 


251-4835 


1999 


Margaret E. Marshall, VCHR 


2 Draycoach Drive 


251-1296 


1999 


Elizabeth A. McCarthy 


48 Bartlett Street 


256-6871 


1999 


Jaclyn D. Matzkin 


E24 Scotty Hollow Drive 


251-8974 


2000 


Stephen J. Mallette 


13 Wedgewood Drive 


250-0260 


2000 


Sarah L. Warner 


44 Boston Road 


250-1398 


2001 


John W. Cutter, Jr. SEC 


38 Abbott Lane 


256-6602 


2001 


MODERATOR 




(3 yr Term ■ 


elected) 


Dennis E. McHugh 


63 Dalton Road 


256-6842 


1999 


PLANNING BOARD 




(3 yr Term - 


elected) 


Eugene E. Gilet 


23 Chestnut Hill Road 


256-2146 


1999 


Robert C. Morse 


45 Clarissa Road 


256-5147 


1999 


Kim J. MacKenzie 


101 High Street 


256-4088 


2000 


Tracey Wallace Cody 


6 Sharon Avenue 


251-8847 


2000 


James P. Good 


4 Burning Tree Lane 


256-2686 


2000 


Charles Wojtas 


24 Elm Street 


256-9089 


2001 


Susan E. Carter 


47 Kennedy Drive 


251-4374 


2001 


SCHOOL COMMITTEE 




(3 yr Term - elected) 


Judith B. Mallette, CHR 


1 3 Wedgewood Drive 


250-0260 


1999 


Mary E. Frantz, VCHR 


34 Miland Avenue 


256-1612 


1999 


Anthony V. Volpe 


144 Warren Avenue 


250-8548 


2000 


Mary Jo Griffin 


33 Washington Street 


251-5212 


2001 


Evelyn S. Thoren, SEC 


19 PinewoodRoad 


256-1482 


2001 



-5 



SELECTMEN 






(3 yr Term 


- elected) 


Stuart G. Weisfeldt, 


VCHR 


8 Leitrim Lane 


256-7902 


1999 


William F. Dalton, CHR 


12 Dartmouth Street 


251-3259 


2000 


Philip M. Eliopoulos 


;, CLK 


26 Arbutus Ave. 


256-2388 


2000 


Thomas E. Moran 




19 Dennison Road 


251-4173 


2001 


Michael F. McCall 




151 Main Street 


251-3157 


2001 


SEWER COMMISSION 






(3 yr Term • 


• elected) 


**John F. Souza 




5 Gilwood Ave 


256-6478 


1999 


Richard J. Day 




6 Merilda Avenue 


251-3382 


1999 


George F. Abely 




87 Swain Road 


251-8472 


2000 


John P. Emerson, Jr. 




8 Loiselle Lane 


251-3654 


2001 


Barry B. Balan 




54 Boston Road #10 


256-8234 


2001 



**Appt May 1 1th by Selectmen and Sewer Commission to fill vacancy 
Thomas Moran resigned 4/9/98 due to election 4/7/98 to the Board of Selectmen 



Town Officials 



TOWN OFFICES 

50 BILLERICA ROAD 

CHELMSFORD, MA 01824 



TOWN MANAGER 

TOWN CLERK 

FINANCE DIRECTOR / 
TREASURER / 
TAX COLLECTOR 

TOWN ACCOUNTANT 

BOARD OF ASSESSORS 

BUILDING INSPECTOR 
DPW DIRECTOR 
POLICE CHIEF 
FIRE CHIEF 



Bernard F. Lynch 
Mary E. St.Hilaire 

Charles F. Mansfield 
Jean D. Sullivan 
Diane M. Phillips 
Bruce Symmes 
Anthony F. Zagzoug 
James E. Pearson 
Armand J. Caron 
John E. Parow 



250-5201 
250-5205 

250-5210 
250-5215 
250-5220 

250-5225 
250-5228 
250-5258 

250-5267 



FINANCE COMMITTEE 



Cornelius J. O'Neill 
Marcia V. Dobroth 
Clare L. Jeannotte 
Dwight M. Hayward 
Susan M. Olsen 
Charles A. Piper 
William Curry 



Balance Sheet 





Governmental Fund Types 


| Fiduciary 
Fund Types 


Account 
Group 


Totals 
(Memo- 
randum Only) 


a --pi-. General Special Capital Projects Trusts Long Term June 30, 
Mabels. Revenue Agency Obligations 1998 


















Cash 


$ 239,373 


$ 3,318,739 


$ 1,221,240 




$ 1,547,273 


$ 


$ 6,326,625 


















Investments 


6,554,849 


15,600 


- 




4,328,099 


- 


10,898,548 


Investment in Deferred Compensation Plan 


- 


- 


- 




2,358,810 




2,358,810 


















Property Tax Receivable: 
















Current Year 


433,831 


- 


- 




- 


- 


433,831 


Prior Year 


833 


- 


- 




- 


- 


833 


















Other Accounts Receivable: 
















Motor Vehicle Excise 


337,535 


- 


- 




- 


- 


337,535 


Tax Liens 


672,600 


- 


- 




- 


- 


672,600 


Sewer 


104,004 


- 


- 




- 


- 


104,004 


Special Assessments 


- 


7,120 


- 




- 


- 


7,120 


Departmental 


- 


4,273 


- 




31,138 


- 


35,41 1 


Intergovernmental 


- 


616,450 


4,310,533 




- 


- 


4,926,983 


















Dues from Other Funds 


- 


- 


- 




- 


- 


- 


Other Assets 


119,631 


- 


- 




436,400 


- 


556,031 


Amounts to be Provided for retirement of 
Long Term Obligations 


- 


- 


- 




- 


31.124.794 


31.124.794 






























Total Assets 


S 8,462,656 


S 3,962,182 


S 5,531,773 




S 8,701,720 


S 31.124.794 


S 57 783,125 


























Governmental Fund Types 




Fiduciary 
Fund Types 


Account 
Group 


Totals 
(Memo- 
randum Only) 


1 mhilitlOQ' General Special Capital Projects Trusts Long Term June 30, 
LldUMIUKb. Revenue Agency Obligations 1998 


















Accounts Payable 


$ 851,820 


$ 74,201 


$ 19,871 




$ 432,393 


$ 


$ 1,378,285 


Payroll Withholdings 


531,604 


- 


- 




- 


- 


531,604 


Other Liabilities 


17,931 


- 


- 




679,472 


- 


697,403 


Due to Other Funds 


- 


- 


- 




- 


- 


- 


Deferred Compensation Payable 


- 


- 


- 




2,358,810 


- 


2,358,810 


Deferred Revenue 


117,584 


53,417 


- 




- 


- 


171,001 


Reserve for Abatements 


1,361,700 


- 


- 




- 


- 


1,361,700 


Court Judgement Payable 


- 


- 


- 




- 


150,932 


150,932 


Accrued Compensated Absences 


- 


- 


- 




- 


4,217,583 


4,217,583 


Bonds and Notes Payable 


- 


- 


9.228.434 




- 


26.756.279 


35,984,713 


















Total Liabilities 


2,880.639 


127,618 


9.248.305 




3,470,675 


31.124.794 


46,852.031 


















Fund Equity: 
















Fund Balances: 
















Reserved: 
















Encumbrances 


587,073 


- 


- 




- 


- 


587,073 


Endowments 


- 


- 


- 




802,345 


- 


802,345 


Unreserved: 
















Designated 


266,969 


3,834,564 


(3,716,532) 




4,428,700 


- 


4,813,701 


Undesignated 


4.728,025 


- 


- 




- 


- 


4,728.025 


















Total Fund Equity 


5.582.067 


3.834.564 


(3.716.532) 




5,231,045 


- 


10.931.144 


















Total Liabilities and Fund Equity 


S 8,462,706 


S 3,962,182 


S 5.531.773 




$ 8.701.720 


5 31,124,794 


S 57 ,783 175 



7- 



Town Meeting Representatives 



Precinct 1 

TERM NAME 



Precinct 2 

TERM NAME 



Precinct 3 

TERM NAME 



2001 William E. Spence 
2001 Sarah L. Warner 
2001 Kathryn Brough 
2001 Samuel P.Chase 
2001 Sandra B. Martinez 
2001 Richard G. Allison 

2000 James P. Good 
2000 Jean B. Rook 
2000 Anthony V. Volpe 
2000 Frances T. McDougall 
2000 Nina S. Lewin 
2000 Peggy Dunn 

1999 Elizabeth A. McCarthy 
1999 Cynthia J. Kaplan 
1999 Sandra A. Kilbum 
1999 Marian D. Currier 
1999 Barry B.Balan 

Robert P. Joyce, removed 

1/20/99 
1999 To be filled (SATE 4/99 



2001 Mary Jo Welch 
2001 Jeffrey W. Stallard 
2001 Bonnie I. Foster 
2001 Barry T.Bell 
2001 Douglas R.Aker 
2001 Stanley W. Norkunas 

2000 William F. Dalton 

2000 Linda H. Dalton 

2000 M. Janice Spence 

2000 William P. Griffin 

2000 Patricia A. Jamros 

2000 Jesse C. Foster 

1999 Francis G. Miskell 
1999 Bruce J. Harper, Sr. 
1999 Phyllis H. Clark 
1999 George L. Merrill 

John B. Bates III, removed 

1/20/99 
1999 To be filled @ATE 4/99 

James R. Doukszewicz 

removed 1/20/1999 
1999 To be filled @ATE 4/99 



2001 John P. Emerson, Jr. 
2001 Carol W. Merriam 
2001 Thomas E. Moran 
2001 Henry R. McEnany 
2001 Nancy J. Knight 
2001 H. Steve Flynn 

2000 Michael F. McCall 

2000 William J. Gilet, Jr 

2000 Cathy A. Hutchinson 

2000 Kathryn M. Fisher 

2000 Harold I. Matzkin 

2000 Christopher T. Garrahan 

1999 D. Lorraine Lambert 
1999 Susan M.Olsen 
1999 Michael F. Curran 
1 999 Adrienne M. Jerome 
1999 George F. Abely 
1999 Jaclyn D. Matzkin 



-8- 



Precinct 4 

TERM NAME 



Precinct 5 

TERM NAME 



Precinct 6 

TERM NAME 



2001 John B. Sousa Jr 

2001 Joan D. Morrison 

2001 Daniel J. Sullivan, III 

2001 Cathleen H. Latina 

2001 Helen A. Manahan 

2001 John R. Hibbard 

2000 George A. Ripsom, Sr. 
Dolores A. Blomgren 
removed 1/20/99 
2000 Jacob P. Sartz III ** 
** moved up 1/20/99 
from reserved list 
2000 Sheila E. Pichette 
2000 Billy L. Martin 
2000 Gerald W. Pacht 
2000 Cheryl L. O'Sullivan 

1999 Roger C. Sumner 

Matthew P. St.Hilaire 
removed 1/20/99 
1999 Mark A. House ** 
** moved up 1/20/99 
from reserved list 
1999 Kathleen M. Redican 
1999 Henrick R. Johnson, Jr. 
1999 Brian P. Latina 
1999 John G. Coppinger 



2001 W. Allen Thomas, Jr. 
2001 Jonathan A. Stevens 
2001 DeanCarmeris 
2001 Leonard R. Richards, Jr 
2001 Frederick S. Marcks 
2001 Thomas M. Chevalier 

2000 Evelyn S. Thoren 
2000 Robert D. Hall 
2000 Judith B. Mallette 
2000 David P. McLaughlin 
2000 Glenn R. Thoren 
2000 Cheryl M. Perkins 



1999 Kathleen Curran 
1999 Wendy C. Marcks 
1999 Barbara Ward 
1999 Stephen J. Mallette 
1999 Bonnie G. Wilder 
1999 John W. Wilder 



2001 Susan Kupor McHugh 

2001 Janet G. Dubner 

2001 Martin A. Gruber 

2001 George t. Chianis 

2001 Evangelos T. Lekas 

2001 Angelo J. Taranto, Jr 

2000 Judith A. Olsson 

2000 Stuart G. Weisfeldt 

2000 David J. McLachlan 

2000 Marianne J. Paresky 

2000 M. Elizabeth Marshall 

2000 Charles F. Smith 



1999 Peter V. Lawlor 
1999 MaryE. Frantz 
1999 Ralph M. Nebalski 
1999 Howard J. Hall 
1999 Daniel E. Lekas 
1999 Reps voted 10/19/98 

To be filled @ATE 4/99 



Precinct 7 

TERM NAME 



Precinct 8 

TERM NAME 



Precinct 9 

TERM NAME 



2001 Karen D. Ready 
2001 Paul F. Gleason 
2001 Linda G. Morabito 
2001 Pamela L. Armstrong 
2001 Peter Dulchinos 
2001 Clare L. Jeannotte 



2001 Angelo J. Taranto 
2001 William C. Curry 
2001 Joyce E. Johnson 
2001 Jacqueline A. Sheehy 
2001 Kathleen E. Howe 
2001 John E.Abbott 



2001 Francis J. Barre 
2001 Will L.Perry 
2001 Phyllis M. Elias 
2001 Gary A. Mathews 
2001 Lesley M. Mathews 
2001 Eleanor D. Abbott 



2000 Donna L. Ready 
2000 Leonard W. Doolan, III 
2000 Dwight M. Hayward 
2000 Susan J. Gates 
2000 Barbara J. Scavezze 
2000 Carol A. Stark 



2000 Alexander W. Gervais 
2000 John S. Fudge, Jr. 
2000 Deborah Villano 
2000 Samuel Poulten 
2000 Linda M. Lee 
2000 Richard M.Johnson 



2000 
2000 
2000 
2000 
2000 



2000 



Susan B. Graves 
Robert C. Morse 
James L. Hickey 
Steven Arthur Consalvi 
C. Thomas Christiano 
Donald L. Elias 
removed 1/20/99 
Robert P. Mackey ** 
** moved up 1/20/99 
from reserved list 



1999 Dennis J. Ready 
1999 Katherine C. Harbison 
1999 Judith Hass 
1999 Kathleen S. Fitzpatrick 
1999 Bernard A. Ready 
1999 Francis J. Miethe 



1999 Margaret A. Fudge 

1999 Walter A. Cleven 

1999 Richard! Day 

1999 Gail E. Poulten 

1999 Ralph J. Hulslander, Jr. 
John F. Sheehy 
removed 1/20/99 
To be filled @ATE 4/99 



1999 John G. Harrington 
1999 Barry K.Hamill 
1999 James E. Rich 
1999 Charles A. Piper 
1999 Anne Lise Sexton 



10 



Town Offices 



Board of Selectman 



■ ■ 



Members: 

William F. Dalton Chairman 

Dr. Stuart G. Weisfweldt Vice Chairman 
Phillip M. Eliopohs Clerk 

Michael F. McCall 
Thomas E. Moran 

Chelmsford's Board of Selectmen completed a year of cooperative progress in dealing with many ongoing initiatives 
affecting the taxpayers, our quality of life, open space, town wide infrastructure, schools, businesses, and the community. 

Tom Moran and Mike McCall were added to the Board as its newest members in the April election. The Board also would 
like to thank Selectman Susan Gates for her three years of dedicated service to the Board and the citizens of Chelmsford. 

The Board reorganized after the election voting Bill Dalton as Chairman, Dr. Stuart Weisfeldt as Vice Chairman and Phillip 
Eliopolis as Clerk. To the amazement of all, Board of Selectmen meetings seemed to get shorter, often ending before nine 
o'clock. The board hopes this phenomenon will continue. 

The town's bond voting was upgraded to AA and is currently one of the best in the state saving the taxpayers many thousands 
of dollars through lower interest rates on borrowing for town projects. (Only nine other communities have a better bond 
rating.) 

The control of the Tully Forum, now called the Chelmsford Forum was officially transferred to the town. This provides 
revenue for the town, recreational skating, and an opportunity for sports teams to practice in our own skating facility. 

Tax control and tax relief were a priority for the Board of Selectmen. This year, for the fifth year in a row, tax rates in 
Chelmsford were reduced. The town returned one million dollars to the taxpayers through a new lower tax rate of $18.1 1 per 
thousand. Tax control was accomplished through good fiscal management and the focussed efforts of all town departments 
in keeping budgets under control. A strong economy was also a key contributing factor. 

The Board of Selectmen eliminated the differential of tax rate on businesses following the recommendations of the Tax 
Classification Committee made in 1955. This positive move to support the business in town raises the overall tax revenues 
by improving the value of our business properties. As a result, business occupancy rates exceeded 90% for the entire year. A 
new hotel was started in Drum Hill. Linear Technologies and Lowell General Hospital began construction on their new 
buildings. More development under the guidance of the Planning Board's Master Plan is expected. 

The town received a grant of $680,000 for the beautification of Central Square. The Board of Selectmen supported the 
initiatives of the business to improve the function and the appearance of Central Square by placing utilities underground, 
improving the sidewalks and buildings, providing more parking, adding lampposts to improve lighting and significantly 
improving the pedestrian safety. Plans for similar improvements to Vinal Square and Drum Hill were also initiated. 

Two significant projects of great benefit to the town were also begun. The renovated Adams Library with a new addition and 
a renovated Center School building were visible and much anticipated projects in 1998. Both facilities will support the 
town's priority of education and life long learning for all our residents. 

Southwell Field in North Chelmsford received a matching State grant of $25,000 for upgrades to the sports facilities, the 
playground, and nature walking paths that surround the field. All residents are encouraged to explore and use these improved 
park grounds. 

The Chelmsford Country Club continues to generate surplus revenue for the town. The course adds to the open space and 
recreational facilities available to all residents, and golf lessons are available to golfers of all ages. The town has assisted the 
Management Company to complete the upgrades earlier than expected. 

A new location for the police station was selected next to McCarthy Middle School in an area filled in with gravel from the 
town- wide sewer project. This new location will permit a basement and more floor space at the same cost because it does not 
require blasting of ledge beneath the site. 

The town-wide sewer project continues on schedule and will provide sewers across the town at a lower cost because of the 
fiscal planning of the Sewer Commission resulting in another interest free grant for construction. 

-11 - 



For the first time the Board of Selectmen sent our elected State officials, Carol Cleven and Susan Fargo, a list of the priorities 
Chelmsford considers most important. They included funding for Route 3 expansion, education reform funding, support for a 
new foundation formula for school funds, traffic lights for North Road, zero interest funding for our sewer project, and 
funding to support paving of roads and the repair of our bridges. 

These are still only a few of the initiatives and accomplishments in Chelmsford supported by the town and the Board of 
Selectmen working as a team for the benefit of the taxpayers, the quality of life in our town, our schools, our businesses and 
the community. 




Board of Selectman 

Front Row: Stuart Weisfeldt, Vice Chairman; William Dalton, Chairman; Phillip Eliopoulos, Clerk 
Back Row: Michael McCall, Thomas Moran 



Town Manager 



I am pleased to present the Annual Report of the Town Manager for calendar year 1998. This year has once again been a 
positive one for the Town building upon past accomplishments to become financially stronger with improving governmental 
services and quality of life. Over the past ten years we have been able to weather the financial downturn of the late 1980's 
and build a municipal organization that is financially secure with adequate reserves. We have grown our municipal services 
to improve our quality of life and management capacity. And, we have addressed long term facility and infrastructure needs 
in a manner that is affordable and planned. We have also during this period returned over $3 million to taxpayers in property 
tax relief. These trends should continue into the foreseeable future if we adhere to our goals of conservative financial 
management, strategic community investment, and careful fiscal planning. 



12- 



The highlights of the year ending on December 31, 1998 are as follows: 

• Our bond rating from Moody's Investor Service was upgraded from Al to AA reflecting outside confidence in our 

municipal management practices and overall financial condition. This upgrade will result in tremendous savings to 
taxpayers through reduced interest on our debt. 

• Through the efforts of Representative Cleven and Senator Fargo, as well as the regional legislative delegation, our 

initiative to take control of the Tully Forum became a reality. The Town has a 20-year lease with the commonwealth 
for the rink facility now known as the Chelmsford Forum. The lease provides control to the Town in return for our 
continuing to operate it as a recreational facility that is used by the University of Massachusetts-Lowell and the youth 
skating programs of the region. We will be making a minimum of $50,000 per year in the operation of the rink. 

• In October the Town Meeting approved utilizing $ 1 million of Free Cash to reduce the tax rate. 

• The Town received approval of a $680,000 grant for public improvements in Central Square to coincide with $1.3 

million of traffic improvements. The proposed improvements include period lighting, landscaping and tree planting, 
and new sidewalks and pedestrian ways. These projects along with the Freeman Bike Path, various parking 
enhancements and the depression of utilities are geared towards a comprehensive revitalization of the central business 
district. 

• The Center School renovation and Library expansion projects broke ground in the spring of 1998. Both projects are 

scheduled to be completed by the early fall of 1 999. 

There continues to be strong economic development in the Town with several new office buildings underway in and around 
the Route 129 corridor, and large projects at Drum Hill including a new hotel and a Lowell General Medical Center. These 
projects managed carefully will contribute important financial resources for the Town as we continue to improve municipal 
services with minimal cost to the residents of the Town. 

I expect that 1 999 will be a similarly good year for the Town with private investment and continued activity by the Town 
Government to deliver first rate services at minimal cost. 

As always, I want to thank the members of the Board of Selectmen for their direction and support during 1998 including Bill 
Dalton, Philip Eliopoulos, Susan Gates, Michael McCall, Thomas Moran and Stuart Weisfeldt. I also want to recognize and 
thank the Department managers and town employees for their dedication and efforts. In particular, I want to thank the staff 
of the Executive Office, which has included Judy Carter, John Coderre, Marian Currier and Jeanne Parziale. 

In closing, let me thank all of the citizens of Chelmsford for the opportunity to work on your behalf as your Town Manager. 
I look forward to continuing the direction in which we are heading in making Chelmsford an even better community. 



Accounting Department 



Members: 

Jean Sullivan 
Pamela Amalfi 
Patricia Tucker 
Martha Audet 



Town Accountant 
Assistant to Town Accountant 
Principal Clerk 
Payroll Co-Ordmator 



During fiscal year 1998, the Accounting Department continued to closely work with all departments in the processing of 
vendor / employee payments in a timely manner and within approved budget constraints. 

The measure of success within the department is from the continual excellent reviews received from the certified public 
accounting firm. 



Board of Assessors 



Each year under Massachusetts state law the Department of Revenue requires the Board of Assessors to determine full and 
fair cash value for Real and Personal property. A complete revaluation must be conducted every three years. The state 
recommends that an interim valuations be conducted when the real estate market shows either a high increase or decrease. As 
a result the Board conducted a sales ratio study based on all viable sales in calendar year 1997. (assessed values for fy 1999 
are as of January 1, 1998. 



13 



The Board concluded that all properties including commercial were undervalued. Values were adjusted upward. Although 
most values were increased, not all individual property assessments were increased at the same percent. 

In November the Board of Selectmen at the annual classification meeting voted to have a single tax rate of $18.1 1. 

The Board wishes to thank our staff, Eric Josephson, Assistant Assessor, Nancy Maher, Administrative Ass't., Elaine 
McBride and Elaine Myers, Principle Clerks for their dedication towards making the year go smoothly. 

Respectfully submitted, 

Diane Phillips, MAA, Chairman 
Bruce A. Symmes CMA, RMA, MAA 



Board of Health 



BOARD OF HEALTH MEMBERS 

Peter Dulchinos, Chairman 
Douglas Hausler, Vice Chairman 
Dr. Paul Canniff, Clerk 

BOARD OF HEALTH EMPLOYEES 

Richard J. Day, Director 

John P. Emerson, Asst. Director 

Diana L. Wright, Dept. Asst. 

Judith Dunigan, Town Nurse 

Eric P. Kaplan, M. D., Town Physician 

Septage and Wastewater Abatement Program 

In 1998 the Septage and Wastewater Abatement Program continued its efforts to clean up our waterways. The Board of 
Health, with the advent of a central sewer system in Chelmsford is now embarking on enforcement activities to insure 
compliance with local by-laws which will insure a safe water supply. Dye testing, water sampling and issuance of septic 
system permits will continue in all the non-sewered areas. 

Administration and Management 

Income for various services and permits was $23,455. During 1998 the department made inspections of day care centers, 
rental housing units, public schools, non-profit camps, bathing beaches, International Certificates and all restaurants and 
retail food stores. 

Hazardous Waste and Industrial Wastewater Program 

Richard J. Day, Director of Public Health, was reappointed Hazardous Waste Coordinator and Municipal Coordinator to 
enforce the "Right-to-Know" law for Chelmsford. The Board of Health held two Household Hazardous Waste Collection 
Days this year which were held on May 2, 1998 and November 7, 1998. This program has consistently collected significant 
volumes of hazardous waste. 

Rabies Control 

1998 was another productive year in controlling the spread of rabies in the Town of Chelmsford. The Board of Health, 
working with two local veterinarians established a program to offer affordable vaccine for the unprotected cat and dog 
population in town. 

Title V 

The Board of Health is continuing to work on developing programs to control the effects of the new Title V regulation on the 
residents still on septic systems. 



14 



Communicable Disease Program 

Fifty-five reports of the following diseases were completed during 1998 for the Massachusetts Department of Public Health: 

Campylobacter Enteritis 5 Hepatitis C 4 

E.Coli 2 Lyme Disease 4 

Encephalitis 1 Pertussis 12 

Giardiasis 2 Salmonella 7 

Haemophilus Influenza 2 Shigella 1 

Hepatitis A 1 Viral Meningitis 2 

Hepatitis B 10 Yersinia 1 

The testing of persons exposed to tuberculosis and those persons whose employment require certification of freedom from 
that disease is another responsibility of the Town Nurse. Two-hundred ten Mantoux (TB) tests were given to persons as 
required for pre-employment, college and also to household contacts of active cases in compliance with the Massachusetts 
Department of Public Health regulations. Home visits and telephone calls are made to families of active and some inactive 
tuberculosis cases on a periodic basis to insure understanding of the illness and that adequate medical follow-up is achieved. 
Numerous medical records are kept and updated on residents who have a positive mantoux (TB) test and are receiving 
medication prophylactically and being followed radiologically at the Lowell Chest Clinic. When necessary, TB testing is 
done at places of business if employees are exposed to an active case of TB. 

Immunization Program 

The Board of Health sponsored two flu clinics this year. One- hundred fifty-eight persons were immunized with pneumonia 
vaccine and one-thousand three-hundred were immunized with flu vaccine at clinics. An additional one-thousand two- 
hundred thirty doses were given to nursing homes, Rotenberg School, Lighthouse School, Life Links, town employees, 
physicians offices, three visits were made to handicapped or house-bound residents. A combined total of two-thousand five- 
hundred eighty doses of flu vaccine were administered in town. 

One-hundred two immunizations were administered to adults and students in compliance with the Massachusetts 
Immunizations Laws and prophlatically to residents traveling to underdeveloped countries. 

Hepatitis B vaccine, school based program, was continued this year and all sixth graders were offered the immunizations free 
at school. Because the Massachusetts Department of Public Health supplied this vaccine to Boards of Health it was given at 
no cost. Seventh thru twelfth graders were offered the Hepatitis B vaccine for a nominal charge of $15.00 for the three doses. 
These programs will continue for the next year. Seven-hundred eighty-four students in grades 6-12 were immunized through 
the schools, including the Charter School. 

Hypertension Screening Program 

Blood pressure screenings for residents are held the first Thursday of every month from 9:00 to 12:00 at the Board of Health, 
Town Offices. Five-hundred forty residents attended the screenings. 

Lead Paint Screening Program 

The Board of Health offers lead paint testing for children between the ages of nine months and six years. Residents may call 
the Board of Health at 250-5243 and make an appointment with nurse. Twenty children were screened for lead paint. Other 
screenings offered by the Board of Health include cholesterol. Dates of these programs will be advertised in advance. 

World AIDS Day Event 

Each year around World AIDS Day, December 1st, an event is held in Chelmsford to promote education and generate 
discussion among family members with regards to HIV/AIDS. This year AIDS flags were displayed in Chelmsford Center 
the first week of December. It is the committee's hope to encourage compassion, understanding and support for those 
infected and affected by HIV/AIDS. The committee for World AIDS Day in Chelmsford is in need of volunteers. If 
interested, call Judy Dunigan, RN, Board of Health, 250-5243. 

Health Fair/Health Screenings 

Either a Health Fair or several Health Screenings will be held in conjunction with Westford every other year, finances 
permitting. Date and location will be announced in newspapers. 



15- 



Board of Registrars 



Members 

Judith A. Olsson 

Richard F. Burtt,Chairman 

Martha D. Doukszewicz 

Sandra A. Kilburn,, Department Assistant 

Mary E. St.Hilaire, Ex Officio 

John F. Ketcham, (Past Board Member) 

Voting Strength as of December 31, 1998 Enrolled Voters: 



Precincts 


1 


2 


3 


4 


5 


6 


7 


8 


9 


Total 


Democrats 


578 


552 


597 


588 


563 


634 


521 


567 


486 


5086 


Republicans 


387 


250 


294 


306 


365 


361 


352 


344 


359 


3018 


Unenrolled 


1251 


1073 


1436 


1191 


1393 


1348 


1403 


1182 


1334 


11611 


Libertarian 


1 


4 


2 


4 


6 


3 


2 


1 


1 


24 


Inter. 3rd Party 


1 


2 





1 


4 








2 





10 


Reform 


1 


4 





2 


1 


1 


2 


3 


2 


16 i 


Rainbow Coalition 


2 





1 














1 





4 ' 


Conservative 


























1 


1 


Natural Law Party 





























1 


Socialist 











1 

















1 


Greenparty USA 
































New Alliance 
































New World Cocil. 
































Prohibition 
































We the People 
































TOTAL 


2221 


1885 


2330 


2093 


2332 


2347 


2280 


2100 


2183 


19771 



Inspections DeDartment 



Department Personnel 

Anthony F. Zagzoug, Inspector of Bldgs 
Joseph P. Shaw, Local Inspector 
Kenneth W. Kleynen, PI & Gas Inspector 
Dennis P. Kane, Wire Inspector 
Elaine M. Casey, Principal Clerk 



There were 103 new single family dwellings, and 10 commercial building permits issued in 1998. The breakdown also 
includes commercial tenant fit- ups, additions, alterations, renovations, sheds, woodstoves, etc. A breakdown of the 
Inspections Department for FY98 is as follows: 



-16- 



TvDe of Permit 


# Of Permits 


Total Fees 


Building 


775 


$342,471.50 


Electrical 


783 


$44,002.00 


Plumb. & Gas 


1,692 


$39,438.00 


Sub Total 


3,250 


$425,911.50 



Other fees for permits issued (not included above) for signs, weights and measures, yard sales, and Certificates of Inspection 
were $7,860.00. The total fees collected for the department was $433,771.50 for the year. 

I would like to thank Elaine Casey, Principal Clerk, Joseph Shaw, Local Inspector, Kenneth Kleynen, Plumbing and Gas 
Inspector, and Dennis Kane, Electrical Inspector, for their cooperation, professionalism and expertise. 



Anthony F. Zagzoug, Inspector of Buildings 



MIS Deoartment 



The MIS department has been busy preparing for the notorious Y2K bug. The major areas of concern are tax collection, 
accounts payables, residential / CIP appraisal, and the network file servers. The tax collection and accounts payables have 
been upgraded and are ready for the new century. The appraisal software is scheduled for upgrade in spring of 1999. The 
new file servers have been purchased and are currently being installed. Most office PCs have been either upgraded or 
replaced already, with the few remaining PCs scheduled for replacement over the summer of 1999. Sorry, it looks like Year 
2000 tax bills will be on time. 

With all the computer upgrades, the MIS department is standardizing the town offices on the same word processor and 
spreadsheet. This will increase productivity and communication between offices. Training has begun on the new software. 



Respectfully Submitted, 
Larry Holt, MIS Coordinator 



Office of Emergency Management 



Members: 

Walter R. Hedlund, Director 
John E. Abbott 
Walter J. Adley, Jr. 
J. Bradford Cole 
George R. Dixon 

Chelmsford Emergency Management Agency (CEMA) volunteers were active during the Year 1998. Volunteers attended 
many Seminar's on Planning, Winter Weather Programs, Hazardous Material Spills and Response to Terrorism. Preparing 
many reports for FEMA and MEMA. 

CEMA personal wish to thank all Department Heads and their personnel for their efforts and assistance, the Town Manager 
and Board of Selectmen. 

Respectfully Submited 

Walter R. Hedlund 

Emergency Coordinator 



17 



Personnel Board 



Members: 

Charles Tewell 

Peter Volonino 

Jean Sparks 

John Antonucci 

John B. Sousa, Jr. 

Jeanne Parziale, Personnel Coordinator 

The Personnel Board consists of five members (four are appointed by the Town Manager, one member 
is elected by non-union employees). John Antonucci was appointed as a member of the Personnel 
Board on July 1, 1998. 

The Personnel Board reviewed all non-union employee salaries and proposed a new salary schedule to 
the Town Manager. Changes include a higher starting base, renumbered grade levels from 1-10 and 15 
steps instead of 12. The new salary schedule will be implemented on July 1, 1999. 



Public Library 



Main Library 

25 Boston Road, Chelmsford Center 

Anna C. MacKay Memorial Library 

43 Newfield Street, North Chelmsford 



Library Trustees 

Kathryn M. Fisher, Chair 
Margaret E. Marshall, Vice-Chair 
Elizabeth A. McCarthy, Treasurer 
John W. Cutter, Secretary 
Stephen J. Mallette 
Jaclyn D. Matzkin 
Sarah L. Warner 

Adams Library Renovation and Expansion 

On March 9, 1998, Trustees, State and Town Officials, library staff, and many residents celebrated the groundbreaking for 
the library addition. By September site work was completed and the foundations poured. Workers erected the structural 
steel in December which clearly outlined footprint and the shape of the addition. Completion is expected in the Fall 1999. 

Library Relocation 

Staff continues to offer full library service in the temporary location in lower level gymnasium in the Town Offices on 
Billerica Road. Both staff and patrons are looking forward with great anticipation the "new" library. 

Circulation 

Patrons checked out 351,577 items including books, videos, magazines, compact discs and museum passes. The library 
began circulating all material including children's at the main desk. In addition our patrons requested and received 6,001 
items through interlibrary loan. With the help of volunteers, the Circulation Department continued its delivery program to 
area Retirement and Nursing facilities. 

Reference Department 

The reference staff answered 1 1 ,772 questions during the year. Two new computers provided graphical Internet access for 
our patrons. Through the Merrimack Valley Library Consortium and the Northeast MA Library System, the staff and public 
gained access to many new web databases. The reference department held a Technology Teach-in to inform residents that 
staff is available for training patrons to use our expanding electronic resources, particularly the Internet. 



11 



Children's Department 

The Children's Department offered 132 storytimes and two vacation programs. The Summer Reading program. Unlock The 
Mystery - Read!" was very successful with over 1,200 children recording over 20,000 books in their reading logs. 

The Children's Department and MacKay Library joined libraries and schools nationwide in celebrating Doctor Seuss 
birthday on March 2nd. Over a 190 children came to the libraries for cake and stories. 

The Community Partnership for Children, in Lowell, awarded the library a grant to establish a separate parent/teacher 
resource collection, supplement pre-school materials, and provide a computer for the Children's Department. This program is 
funded through the MA Department of Education. 

Community Service 

The Community Service Department links residents and organizations with the library's collections and services through 
programs, participation in community events, volunteers and library publicity. The Head of Community Services serves on 
many town committees. 

Thanks to the Recreation Department and Council on Aging, library programs found temporary locations in the Community 
Center and the Senior Center during library construction. Seventy-two programs were attended by 1,985 people. These 
included the popular Music on the Lawn series funded by the MA Cultural Council, Poetry Slams, Job Fairs, book 
discussions, Employment Workshops, and French and Italian Conversation Circles, and Young Writers Club. 

The Head of Community Services, Katherine Cryan-Hicks was voted the annual "Angel of the Arts" by the Chelmsford 
Cultural Council. 

Anna C. MacKay Memorial Library 

MacKay staff offered 79 programs which were attended by 1,378 children and adults. Programs included story/craft times for 
children, book discussions for all ages, a knitting workshop children, and a birthday party for Doctor Seuss. The year ended 
with a special magic program. 

The summer reading program attracted 220 children and 78 adults. 

Volunteers 

In 1998, the library had 41 volunteers logging over 1,650 hours. Volunteers helped to run the French and Italian Conversation 
Circles, deliver books to nursing home and retirement communities, maintain magazine and book shelves, assist with the 
library's home page, and performed many other duties "as assigned." Library staff greatly appreciate the ongoing support 
and help we receive from our volunteers at the Main and MacKay library. 

The Friends of the Library 

The Friends continued to sponsor many library programs and provide residents with museum passes to local and Boston 
museums. The Friends participated in the Fourth of July parade and raised funds to support he library at their July 4th booth 
on the Town Common. In the Fall, the Friends held a Spelling Bee/Winetasting to raise money for the Library's Endowment 
Fund. There are 1,275 members and membership continues to grow. The Friends support enhances services in all 
departments and is appreciated by patrons and staff. 

Library Endowment Committee 

The Library Endowment Committee has embarked on a campaign to raise $500,00 to furnish and equip the expanded library. 
By the end of the year, the committee had raised over $250,000. 

Statistical Report 

Circulation: 351,577 

Added Materials: 7,619 

Moneys deposited with Town Treasurer from fines lost materials: $12,576 

Library Personnel 

Director: Mary E. Mahoney 
Technical Services: Christopher Kupec 
Assistant Director: Nanette Eichell 
MacKay Librarian: Maureen Foley 
Circulation: Linda Robinson 
Reference: Deborah Perlow 
Children's Librarian: Cheryl Zani 

-19- 



Community Service: Katherine Cryan-Hicks 
Maintenance: John Reslow 




Library Trustees 

Front Row: Elizabeth McCarthy, Kathryn Fisher, Jaclyn Matzkin 
Back Row: John Cutter, Stephen Mallette 
Missing: Sarah Warner, Margaret Marshall 



Recreation Commission 



Members: 

Harry Ayotte 

Robert Charpentier 

Paul Murphy 

Holly Rice 

Janice Ruell 

Holly Rice, Recreation Director 

Sandra Hall, Senior Clerk 

Meetings: First Monday of each month. 

The Recreation Commission is composed of seven members appointed by the Town Manager. The primary reason of the 
commission is to support and make recommendations to continuously improve and expand the recreational opportunities 
offered to the Chelmsford community. 

The Recreation Department offered over 400 self-supporting programs throughout the year. Some of the successful 
programs organized in 1998 include day trips, ski programs, craft classes, dance lessons, art lessons, science programs and 
much more. The Recreation Department will continue to develop programming in response to the growing and changing 
needs of all populations within the Town of Chelmsford. Recreation programs will be advertised in the Chelmsford 
Community Newsletter which is mailed during the months of January, May and September. 



20 



Our continued goal for 1999 is to open a Youth Center. The Youth Center will provide kids the opportunity to socialize with 
friends, receive tutoring, play pool, ping pong, etc. A student board will also be organized to provide kids the chance to 
become involved in a leadership program. We also hope to open a skateboard park by the fall of 1999. 

The members of the commission regretfully accepted the resignation of Robert Hayes and wish to thank him for his years of 
dedicated service to the Recreation Department. The commission would also like to welcome Sandra Hall who has been 
hired as the full-time Senior Clerk for the Recreation Department. 

We are most thankful to all residents whose support, dedication and involvement contributed to the success of 1998. 



Recycling Committee 



Members 

Peter Nelson, Chairperson 

Michael Bell 

Mark Gallagher 

Barbara Scavezze, Recycling/Waste Coordinator 

The Town of Chelmsford contracted for the following services for residents, funded by taxes: weekly collection of solid 
waste, the biweekly collection of recyclables, and three curbside leaf collections which were held May 9, November 7 and 
December 5. The Town disposed of 14,620 tons of solid waste, recycled 3,370 tons, and composted approximately 1,020 
tons of yard waste, for a 23.1% recycling/composting rate. The Town fulfilled the requirements for the Massachusetts 
Municipal Recycling Incentive Program, which provides an incentive payment based on the amount of recyclables collected 
in our curbside program. 

The Chelmsford Recycling Committee held brush drop-offs at Community Tree on April 4 and October 17. The CRC also 
held drop-offs on May 31 and September 27 for metal (which was recycled), furniture and household goods (which were 
donated to the Massachusetts Coalition for the Homeless), and clothing (which was donated to Goodwill Industries). The 
CRC held the annual Town- Wide Litter Clean-Up on May 2. Volunteers picked up litter from conservation land, school 
yards, road shoulders, and illegal dump sites, and gathered afterwards for a picnic at the Elks Lodge. 

Barbara Scavezze, the Recycling/Waste Coordinator, produced an edition of the Chelmsford Community TV show, 
"Chelmsford Recycles", featuring a panel discussion about illegal dumping. Amy Coveno, a volunteer at Chelmsford 
Community TV, produced a second edition, along with Barbara Scavezze, about the Annual Town-Wide Litter Clean-Up, 
Household Hazardous Waste Drop-Off, recycling and composting. Each edition was broadcast several times. The annual 
recycling and trash flyer was produced and mailed to all residents. This flyer included the recycling schedule, and detailed 
the proper methods, timing and places for disposal of various types of recyclable material and solid waste. This type of 
information was also prepared for inclusion in the Community Newsletter and the "Chelmsford Recycles" web page. 



Prepared by Barbara Scavezze, 



Sewer Commission 



The Chelmsford Sewer Project reached an important milestone in 1998 with the commencement of construction in East 
Chelmsford. The East Chelmsford Area was the last area originally envisioned for sewers in the 1984 Wastewater Facilities 
Plan. That plan envisioned sewers for approximately 68% of Chelmsford. Design began in 1998 on the final phase to sewer 
the remaining 32% of Chelmsford. 

Construction activities in 1998 were concentrated intensely in three areas, Northgate Road and Abbott Lane, and Hart Pond. 
The Northgate Road Area was approved for use in late 1998. Construction in the Abbott Lane and Hart Pond Areas will 
continue along with East Chelmsford in 1999. 

The Commission's cooperative effort with the Center Water District continued in 1998. This effort involved water main 
installations and improvements primarily in the Hart Pond Area, conducted by the Commission's sewer contractor, 
reimbursed by the District. This cooperative effort will shorten the overall duration of construction inconvenience, while 
simultaneously providing sewer and water service to residents that previously had neither. 



21 



In late 1998, the Commission learned that the State Revolving Loan Fund (SRF) program for was not funding any new 
projects in fiscal year 1999. To date, Chelmsford has received over 30 million dollars in interest free loans for all its Phase 3 
sewer projects, through and including East Chelmsford. The Commission suspects that the Commonwealth has temporarily 
overextended its bonding capabilities for public works projects as it directs its funding priorities on the Big Dig. In 1999, the 
Commission intends to concentrate its efforts on lobbying the legislature to resume funding for the SRF program. 

Fortunately, in 1996 when the Commission developed its local cost strategy to fund Phase 4, the scenarios presented to the 
voters of a tax rate maximum impact of $2.10 per thousand and a maximum betterment of $7,500 per home (for Phase 4 
homes) was based upon the conservative assumption that no state or federal funding would be available for Phase 4. In fact, 
SRF funding levels between 1996 and 1999 for Phase 3 have been higher than expected, allowing us now to project a 
maximum betterment of $6,000 to $6,500 for Phase 4 (assuming a worst case scenario of no further SRF funding). 

The Commission has faced cycles of funding decreases before, and we have successfully lobbied to change the thinking on 
Beacon Hill. The challenge again is at hand. Wastewater projects face additional competing interests in Massachusetts 
beyond the Big Dig, such as other transportation projects, landfill closure projects, and water supply projects. Also, other 
wastewater projects are competing against us for an ever shrinking allocation of funds. 

For example, in 1997, over 350 new projects were submitted for funding when we received our SRF funding for East 
Chelmsford. That represented a significant increase over previous years. In 1998, we were initially informed that East 
Chelmsford would not be funded because it did not meet the newly promulgated eligibility requirements. Only after intense 
meetings with the state were we able to convince them otherwise and secure the funding. This scenario is likely to repeat 
itself as we extend sewers in Phase 4 Areas further and further from the town's water resources and drinking water supplies. 

Hopefully, the SRF funding situation will improve with the influx of additional monies as a result of public outcry. The 
Commission will certainly play its part, as we have in the past, to insure that every possible effort is made to maximize 
available funding for our project. 

The Commission would like to acknowledge our administrative staff, Evelyn Newman, Jacqueline Sheehy, and Irene 
Oczkowski for their hard work, professionalism and patience. The Sewer Division of the Department of Public Works shares 
their multifaceted duties, and they are the individuals who interface with the public on a daily basis. 

Respectfully submitted, 

CHELMSFORD SEWER COMMISSION 
John P. Emerson, Jr., Chairman 
Barry B. Balan, Vice Chairman 
George F. Abely, Clerk 
Richard J. Day 
John F. Souza 



22 




Sewer Commission 

Barry Balan, Vice Chairman; John Emerson, Chairman; George Abley, Clerk; Evelyn Newman, Departmental Assistant; 
Richard Day, John Sousa 



Town Clerk 



Members: 

Mary E. St.Hilaire, CMC,CMMC 
Elizabeth L. Delaney 
Raymonde R. Legrand 
Bernadette Gilet 



Town Clerk 
Asst. Town Clerk 
Senior Clerk 
P.T. Clerk 



Sporting Licenses 736 

Dog Licenses 3009 

Kennel Licenses 9 

Birth (Inc) 431 

Deaths 290 

Marriage 203 

Intentions 210 

Three elections were held in 1998. The April Town Election, the September Primary and the November State election. 
There were two sessions of the Spring Town Meeting that included one Special Town Meeting held within the Spring 
session, and two sessions of the Fall Town Meeting. 

The task of compiling a computer database filing system of the 1700 Planning Board records in the Town Clerk's Office was 
completed. This will enable the Staff to be more efficient in searching for a record by location, owner of land, date approved, 
or developer. Other computer files are also being converted over into new programs. 



-23 



The Town Clerk's Office Staff and the Board of Registrars had a change of personnel during the year. Martha D. 
Doukszewicz was appointed on March 18, 1998 as a member to the Board of Registrars, for a two-year term. Martha 
replaced John Ketcham who had been a member of the Board since 1989. In May, Raye Legrand joined the Town Clerk's 
Staff. Janet Hart who was the Senior Clerk in the Town Clerk's Office had left, taking advantage of a opportunity to move to 
the Marshall Islands in July. In December Kathy Kalicki Lennox left Massachusetts bound for Arkansas, and Bemie Gilet 
became our newest member. Betty Delaney completed her 26 th year and Sandy Kilbum finished her 25 th year. We welcome 
aboard Raye and Bemie and best of luck to Janet and Kathy. 



Treasurer/Tax Collector 



Department Members: 

Charles F. Mansfield 
Carol R. Lambert 
Bertie A. Osborne 
Judith A. Olsson 
Pat Bntton 
Anna M. Griffin 



Finance Director / Treasurer / Collector 

Assistant Treasurer 

Departmental Assistant 

Legal/Receivable Clerk 

Data Processing / Receivable Clerk 

Accounts Payable / Receivable Clerk 



The town was in a strong financial position at the end of fiscal 1998. This due to conservative budgeting practices and 
maintenance of ample reserves. Fiscal year 1998 ended with a General Fund surplus of 1.4 million, not including transfers to 
the town's stabilization Fund. General Fund balance at June 30, 1998 was $5.58 million(9.2% of revenues), and the town 
expects to achieve another operating surplus at the close of fiscal 1999. Town officials continued to add to the Stabilization 
Fund to defray peak debt service in fiscal year 2001. Property Taxes provide the majority of revenues representing 68.8% of 
revenues in fiscal 1998. Property tax collection have improved steadily since they fell to 91.1% in 1990 during the last 
recession, and have averaged 98.6% since 1995. Collections in fiscal 1998 were strong at 99.8%. In addition to the town's 
strong financial reserves, the town had $993,000 in unused levy capacity under Proposition 2 1/2. 

The Town has improved its long-term financial position through the preparation and adherence to five year fiscal forecasts 
and strategic plan. This plan addresses operating costs, debt, facility needs, and financial reserves. 



Sincerely, 

Charles F. Mansfield 

Finance Director/Treasurer/Tax Collector 



24- 



Public Safety 



Police DeDartment 



I herein respectfully submit for your information and review the Annual Report of the Police Department for the year 1998. 
At the present time, the Department is made up of 58 permanent Officers. 



CHIEF OF POLICE 

Armand J. Caron 

LIEUTENANTS 

Steven A. Bums 
Raymond G. McCusker 

SERGEANTS 

Daniel J. Ahem - K-9 
Paul E. Cooper 
Philip R. Dube 
J. Ronald Gamache 



James F. Murphy 
Francis X. Roark 



John A. Roark 
E. Michael Rooney 
Colin C. Spence 
Scott R. Ubele 
John O. Walsh 



BUREAU OF INVESTIGATIVE 
SERVICES / INSPECTORS 

Detective Sergeant Timothy F. O'Connor 
James T. Finnegan Brian F. Mullen 

Jared S. Finnegan George A. Tyros 

DOMESTIC VIOLENCE OFFICER/INSPECTOR 

Roland E. Linstad 

JUVENILE OFFICER/INSPECTOR 

Kenneth R. Duane 

CRIME PREVENTION OFFICER/INSPECTOR 

Edward F. Smith 

DEPARTMENT CRIMINAL / PROSECUTOR LOWELL DISTRICT COURT 

Sergeant Robert M. Bums 



TRAFFIC DIVISION 

Sgt. Francis P. Kelly 
Paul E. Richardson 



David M. Leo 
Robert J. Murphy, Jr. 



COMMUNITY RESPONSE UNIT 

Richard A. Adams Ernest R. Woessner 

David F. MacKenzie, Jr. 

MOTOR CYCLE PATROL UNIT 

Timothy B. Bourke David R. Tine 

James M. Spinney, Jr. Craig E. Walsh 

D.A.R.E. OFFICER 

Richard D. Hallion 



PATROL OFFICERS 

Todd D. Ahem 
Jeffrey J. Bernier 
Jeffrey A. Blodgett 
Bruce A. Darwin 
John J. Donovan 
Patrick W. Daley 
Stephen M. Fredericks 



Peter C. McGeown 
Edward F. Quinn 
John E. Redican 
Chandler J. Robinson 
Anthony Spinazola 
Sean F. Swift 
Francis P. Teehan 



25 



Francis J. Goode, Jr. 
Gail F. Hunter 
Russell H. Linstad 
Andrew N. Lopilato 
John J. McGeown 



Robert J. Trudel 
William R. Walsh 
Gary R. White 
Christopher D. Zaher 



Kevin R. Proulx 
Eugene F. Scanlon, Jr. 
William H. Vaughan 



FULL TIME CIVILIAN DISPATCHERS 

William G. Amundson Frederick F. Flynn, Jr. 
Gloria E. Armstrong 
Robert A. Caron, Jr. 
David J. DeFreitas 
Richard Demers 

DEPARTMENTAL ASSISTANT 

Mary Jane Grant 

PRINCIPAL CLERKS 

Donna Fox Lynne M. Tessier 

SENIOR CLERK 

Diane M. Morgan 



Receipts Turned Over To The Town 


$ 


Permits, fines, and fees 


$ 65,453.81 


Lowell District Court Restitution 


16,460.00 


Registry of Motor Vehicles Disbursements 


113,450.00 


Total 


195,363.81 



Breakdown Of Arrests/Crimes # 


Adult Arrests 


353 


Juvenile Arrests 


43 


Total Arrests 


396 


Whites Arrested 


353 


Blacks Arrested 


9 


Asians Arrested 


21 


Unknowns Arrested 


13 


Charges Logged Against Those Arrested 


705 



26- 



DISPOSITION OF CASES # 


Pending 


663 


Continued 


1 


Dismissed 


5 


Default 


50 


Guilty 


7 


Placed on file 


2 


Not Guilty 


1 


Placed in ASAP 


2 


Placed on Probation 


3 


Suspended Sentence 


2 


Committed to Jail 


5 


Continued without Finding 


14 


Committed to D.Y.S 





Total Findings 


755 



MISCELLANEOUS STATISTICS 


. 


Calls Answered by Cruisers 


21,204 


Summons Served 


287 


Accidents Reported 


1,274 


Fatal Accidents 





Personal Injury Accidents 


202 


Mileage of Cruisers 


492,000 


Station Lockups 


424 


Citations Issued 


2,778 


Parking Violations Issued 


261 


Restraining Orders Served 


67 


Protective Custody 


28 


Alarm Calls Responded to by Cruisers 


2,121 



ACHIEVEMENTS 

The Chelmsford Police Department has realized impressive achievements in the past 12 months and are listed as follows: 

1. Five Patrol Officers attended Basic Police Academy and were appointed permanent full time Officers. 

2. Chelmsford Officers attended a total of sixty two specialized training classes. 

3. The Chelmsford Police Department applied for and received the following Grants for 1998: 

a. $300,000.00 Universal Hiring Grant 

b. $105,000.00 Small Communities Grant Program (1 year extension) 

c. $ 50,000.00 Accreditation Grant 

d. $ 50,000.00 Mapping Consortium Grant 

e. $ 42,000.00 Community Policing Grant 

-27- 



f. $ 20,000.00 Communications Grant 

g. $ 13,500.00 Federal Local Law Enforcement Block Grant 
h. $ 13,000.00 D.A.R.E. Grant 

i. $5,000.00 Selective Enforcement Grant 

MISSION STATEMENT 

We, the Chelmsford Police Department, in partnership with our community are committed to maintaining the peace, 
protecting life and property, and providing professional law enforcement and crime prevention services. We accept the 
challenge of reducing the fear of crime by the prevention of criminal activity. We shall provide these services with 
compassion, dignity, and a proficiency within the framework of the United States Constitution. To enhance the quality of life 
for all citizens, we will cooperate with other agencies and groups to resolve community concerns. To fulfill our mission, the 
Chelmsford Police Department will provide a supportive work environment that fosters the professional development of its 
members. 

Service will be our commitment.... 
Honor and Integrity our mandate. 

GOALS 

1. Expand the Traffic and Safety Division to suit demands by adding more Officers, thereby making the roads in 
Chelmsford a safer place to drive. 

2. Work cooperatively with the architects and the new Police Facility Committee to obtain bids and secure a contractor. 
Ground breaking expected by the fall of 1999 with construction completion expected 12-14 months later. 

3. Establish Crime Mapping for our community. 

4. Expand the cooperative effort between the Police Department and Chelmsford Community Television to have the 
Mobile Production/Command Center Vehicle on line by July 1, 1999. 

5. Finalize the D.A.R.E. Parent Program for September of 1999 thus making the educational link between Police, our 
youth and their parents complete. 

6. Pursue and secure additional Federal and/or State Grant funding. 

7. Establish a Community Policing Seminar for the citizens in cooperation with the Community Center for the fall of 
1999. 

8. Expand our home page to include e-mail capabilities for department members and conduct monthly "crime stopper-tips" 
over the Internet. 

I would like to thank the Town Manager, the Board of Selectmen, all employees of the Police Department and all Town 
Departments for their cooperation during the past year. 

I would also like to express my appreciation to all the Auxiliary Police for their continued dedication and support and to all 
the Members of the Police Department for the professionalism and dedication exhibited during the past 12 months. Without 
this support, a lot of worthwhile programs and events could not have taken place. 

Respectfully submitted, 

Chief Armand J. Caron 



-28- 



Auxiliary Police Report 



This year was a very busy year for the Auxiliary Police Department. The unit assisted the regular force at dozens of motor 
vehicle accidents and assisted with fourteen town sponsored events. The men and women of the Auxiliary Police Unit 
donated a total of 14,988 man hours performing their assigned duties. Operation property check was once again a 
tremendous success keeping vandalism to a minimum. The statistics were: 



Checks 


1997 


1998 


Vacant House Checks 


1,195 


780 


School Property Checks 


15,326 


16,640 


Town Property Checks 


17,060 


18,766 


Total 


33,581 


36,186 



This preventative patrol saves property owners and the town thousands of dollars annually by reducing malicious destruction. 

The Auxiliary once again sponsored the Law Enforcement Explorers Scout Post #370. We are currently rebuilding the post 
after a loss of high school students to college. I thank our former scouts and wish them well in their chosen careers. 

This year some Auxiliary Police Officers also volunteered their time to help coach in the D.A.R.E. Flag Football Program 
sponsored by the Police Department. The tremendous turnout of children for the program was unexpected and without the 
help of the Auxiliary Officers, the program would not have been so successful. 

I would like to thank all the members of the Auxiliary and their families for donating so much of their time to our town. I 
would like to thank the Board of Selectmen and the Town Manager for their support, the Police Chief, the Superior Officers 
and the Patrol Officers of the Police Department for all their assistance and support over the past year. 



Respectfully submitted, 
Lieutenant Raymond G. McCusker 



AUXILIARY ROSTER 

Caron, Robert A. 
Mark A. Cianci 
Cobuzzi, Victoria J. 
Doole, Steven 
Dupras, Daniel 
Elie, Richard C. 
Gormley, Elizabeth 
Hanscom, Jason P. 
Houston, Michael A. 
Juhola, Mark A. 



Kulisich, Peter D. 
Lopilato, Peter D. 
Peal, Thomas 
Pearse, Michael C. 
Proulx, Kevin 
Ravanis, Peter J. 
Roscoe, Ralph 
Stoessel, John G. 
Thomas, Matthew D. 
Tyler, David W. 



Fire Department 



The Chelmsford Fire Department had a busy year in 1998. Emergency responses increased 3% or 109 calls. Actual fire 
calls were up over last year by 14 % or 27 calls. Medical aid calls have continued to rise with a 7% increase. Service calls 
and investitations decreased for the third year in a row. 1870 burning permits were also issued in 1998. 

Four firefighters retired during this past year: Emil Magiera, Paul D. Hayes, Joseph Spinazola and Peter Johnson. These men 
brought a great amount of experience and expertise to the job each and every day which will be missed. We would like to 
wish them success in their retirement. 

Three new firefighters were hired on July 1st to replace three of the retired firefighters noted above: Daniel Manley, John 
Kivlan and William Bacon. We wish them well in their new career. 



29- 



The Department has instituted an Accountability and Incident Command System (ICS). The I.C.S. allows for the 
management of personnel, equipment and communications throughout emergency operations. The Accountability System 
enables the fire incident commander to account for all Fire/Rescue personnel at an emergency scene. Both these systems will 
enhance the safety of emergency personnel operating at an incident and also make operations more efficient. 

We have also changed our radio frequency to a private channel. In the past we have been operating on a shared channel with 
16 other communities. Radio traffic on the shared became to busy to monitor and to obtain air time during emergencies. The 
new channel has proven to be much more effective. 

I would like to thank the Town Manager, the Board of Selectmen, and all other Town departments, along with the members 
of the Chelmsford Fire Department and my office staff, for their help and cooperation over the past year. 



Respectfully Submitted, 



John E. Parow, Chief of the Department 



Fire Deoartment Roster 



Fire Chief 

John E. Parow 

Deputy Chief 

James A. Sousa 
Michael F. Curran 



Captains 



James M. Spinney 
Charles A. Schramm 
James P Boermeester 
W. Michael Burke 
Walter F. Adley, Jr. 



30 



Firefighters 

William Bacon 
William V. Cady 
David Campbell 
William Campbell 
Jack Carroll 
Anthony Cincevich 
David Clancy 
Kevin Clarke 
F. Mark Conlin 
James Curran 
William Curran 
William Dalton 
John DePalma 
Michael Donoghue 
Bruce Donovan 
Donald A. Drew 
James J. Durkin 
Jesse Foster 
Daniel Funaro 
David Hadley 
William Hadley 
Paul D Hayes * 
Henry A. Houle 
William Jamer 
Peter Johnson* 
Dennis Keohane 
William Keohane 

Department Assistant 

Martha A. DeSaulnier 

Mechanic 

James Keeley 



John P.Kivlan 
Raymond R. Kydd 
Cynthia Leczynski 
Emil Magie.ra * 
Daniel Manley 
Leo Manley 
Leo Martin 
Michael McTeague 
Leslie Merrill 
Richard Miller 
Edward J. Nolet 
Kevin O'Brien 
Marc Pare 
Donald Peterson. 
Daniel T. Reid, Sr. 
Daniel T. Reid, Jr. 
James F. Reid 
John E. Rejd 
Michael Ridlon 
Rick Rivard 
John Robinson 
Gary Ryan 
George Ryan 
Kevin M. S.heehy 
Joseph Spinazola * 
Brian J. Stanton 
Daniel Ubele 



*Retired 



Fire Deoartment Calls 



Year 


Auto 


Bid 


Outside Fire 


Mutal Aid 


Investig 


Services 


False 


Medical 


TOTAL 




Fire 


Fire 






ation 




Alarm 


Aid 




1989 


78 


60 


112 


10 


559 


95 


343 


652 


1909 


1990 


80 


58 


119 


8 


645 


63 


142 


648 


1763 


1991 


70 


57 


153 


18 


706 


1128 


76 


771 


2979 


1992 


63 


39 


99 


19 


755 


983 


76 


821 


2855 


1993 


59 


29 


103 


29 


758 


1193 


128 


885 


3184 


1994 


88 


46 


100 


11 


842 


1142 


70 


1127 


3426 


1995 


100 


52 


114 


28 


852 


953 


4 


1445 


3548 


1996 


67 


66 


74 


14 


973 


1441 


3 


1609 


4247 


1997 


56 


36 


97 


17 


808 


1406 





1724 


4144 


1998 


50 


53 


113 


15 


780 


1399 


2 


1841 


4253 



31 - 



Office of the Dos Officer 





Citizen complaints answered 


1,341 


Dogs picked up and taken to pound 


80 


Dogs returned to owners 


65 


Dogs adopted after 1 days 





Stray dogs disposed of at the Lowell Humane 


15 


Society 




Road kills disposed of at the Lowell Humane 


145 


Society 




Violation citations issued 


13 


Animal bite reports 


48 


Total miles traveled 


12,939 


Dogs licensed for 1998 


3,090 


Value of citation fines 


375.00 


Other funds turned into the town 


530.00 



Raccoon rabies has now been documented in 306 towns in Massachusetts. At this time, no confirmed cases of rabies have 
been found in Chelmsford. The outbreak has peaked in most areas, but because the disease will always remain in the raccoon 
population, we should always maintain a healthy respect and be cautious when dealing with animals. Dog and cat owners are 
responsible for keeping their animal's rabies vaccination current for every ones protection. 

Respectfully submitted, 

Franklin E. Warren, Animal Control Officer 



32 



Department of Public Works 



The Department of Public Works, created by the Town Charter is comprised of Divisions including the highway, 
engineering, recreation, public buildings, parks, public shade trees and the operation of the sanitary sewer system. 



Engineering Division 



Members: 

James E. Pearson, P.E. 
George LeMasurier, 
Gail A. Loiselle, 
James B. Stanford, 



Director & Town Engineer 
Assistant Town Engineer 
Principal Clerk 
Project Engineer 



Listing the engineering assistance given to other Town boards and departments can best summarize the work of the 
Engineering Division. This year's projects included: 

Planning Board: 

• Reviewed twenty-four (24) subdivisions and/or site plans 

• Inspected new construction on thirty-one (3 1 ) projects 

• Prepared cost estimates for bonding new roadway construction and prepared bond reductions 

• Attended all regular meetings 

• Reviewed twenty-four (24) Approval not required plans 

Assessors: 

• Updated Assessors Maps 

• Calculated lot areas 

• Assisted in property line determination 



Town Manager's Office: 

• Inspected streets and reviewed plans and legal descriptions for street acceptances of Rosemary Lane, Stroble Lane, 
Hillside Lane, Hollow Ridge Road, Trailside Drive, & Wells Fargo Road 
Prepared maps for the Town Meeting articles 

Inspected & responded to pole location requests from utility companies 
Prepared Release of Easement document & exhibit for 12 Charlemont Court 
Updated Zoning Map 

Inspected & responded to drainage, tree, and other miscellaneous complaints 
Prepared Grants of Easements for drainage purposes on all new street acceptances 



Highway Division: 



Inspected and prepared cost estimates for the resurfacing of ten (10) streets 

Provided drainage/grading analysis for thirty-eight (38) projects 

Supervised safety improvement at the intersection of Biltmore Ave. and Carlisle Road 

Provided layout for lanes and islands on Billerica Road after resurfacing 

Assisted with the snow and ice effort 

Provided layout, grades, and inspections for sidewalk construction on Summer Street 

Prepared revised plow route maps to include new streets 



-33 



Project Engineer Jim Stanford continued design and construction management for the Westlands area roadway, sidewalk and 
drainage improvements. Completed construction of the new highway maintenance building including the implementation of 
specialized hydraulic equipment for this facility. Jim designed alternatives for Roberts Field and Central Square parking lot 
improvements and completed the drainage study for Longview Drive. He also represents the engineering department on the 
Police Station Building Committee and the GIS implementation committee. 

Payrolls, expense vouchers and budgeting for all divisions except the Highway Division are performed in this office. 



Highway Division: 



Members: 

John Long 
Larry Ferreira 
Marie Burns 



Superintendent of Streets 

Foreman 

Principal Clerk 



Drivers 



Todd Chase 
David Eacrett 
Bryan Edwards 
David Irvine 
David Palmer 
Richard Rowsell 
Thomas Ryan 
Paul Winegar 



Operators 

Gary Beaulieu 
Audie Boudreau 
Joseph Eriksen 
Dennis Greenwood 
Raymond Maybury 



Mechanics 

John Ferreira, Lead Mechanic 
Richard Jensen 



Laborers 

Kenneth Burroughs 



The Highway Division maintains and improves all the streets, culverts, catch basins and manholes, street signs, traffic signs 
and traffic signals for approximately 200 miles of roadway. Additionally, the Highway Division clears the streets and public 
lots of snow and ice and assists the other departments with the division's equipment and expertise of the crew. The office 
maintains all financial records needed for the reporting, tracking, payments of all vouchers connected with the highway 
budgets - including General Expenses, Salaries, Snow and Ice, Massachusetts Chapter 90 Funding (road reconstruction or 
repair), Street Lighting and Capital Expenditures. 



Streets Resurfaced 

Billerica Road 
Park Road 
Summer Street 
Robin Hill 



McCormack 
Longview 
Monument Hill 



All drains on the resurfaced streets were reconstructed prior to the resurfacing. Sidewalks were constructed on Summer 
Street and Stedman Street. In addition all drains in the sewer area were reconstructed prior to the pavement overlay by the 
Sewer Commission. 



34 



Public Buildings 



Members: 

Theodore Godfroy 
David Gnmshaw 
Gerry Johnson 



Superintendent 

Custodian 

Custodian 



The Public Buildings Division maintains all public buildings in town. This division performs the everyday custodial duties 
as well as the updating of buildings to meet the ever-changing needs. This division also accommodates Board of Selectmen 
meetings, various town committees, commissions and multiple group meetings ensuring no conflicts with dates, times and 
meeting rooms. Snow removal during the winter months can also keep the staff very busy. 

Gerald Johnson and David Grimshaw retired during the past year. We thank them for their years of service with the town 
and wish them the best. To better serve the needs of the division these positions have been upgraded to "Maintenance 
Specialist". Along with the daily duties performed, a systematic floor care program has been implemented. Other duties 
include furniture repair, mechanical repair, repair of ceilings, walls, woodwork and the never-ending need of painting. 

This year's special projects at the Town Offices included: 

• New heating system boiler 

• New carpet on second floor in hallway and conference room 

• Directories and signage were brought up to ADA compliance throughout the building. 

• A new rubber roof was installed to replace the much patched ninety-nine year old tar and gravel roof. 

Projects at the Old Town Hall included: 

• The tower was repaired and re-roofed. 

• Window screens were installed 

• In a joint effort combining personnel from the Senior Citizen Program Parks and Public Buildings Departments an 
area that was not functional was converted to a room that can be utilized for many different activities. 

• Combined efforts also cleaned, repaired and painted four other function rooms. 



Parks Division 



Members: 

Ed Jamros Groundskeeper 

Randy Boisvert Laborer 

The Parks Division maintains all parks, traffic islands, ballfields, playgrounds and commons in town. The grounds are 
groomed each spring and prepared for the heavy use each area receives during the year. This Division also prepares the 
Town Common for the annual July 4 th celebration as well as the cleanup and restoring of damaged areas resulting from an 
abundance of activities throughout the year. 

Special projects this year included: 

New fencing at the Varney Field Ballpark 

Two new park benches installed at Center Common. The Chelmsford Garden Club purchased the benches. 

Four new park benches were installed at North Common and Center Common. 

Backstops at Southwell Field were repaired 

Strawberry Hill field was reconstructed courtesy of Chelmsford Little League 

Installed new park benches at Southwell field 

Assisted in new lighting at the women's field at Southwell Field 

Repairs made to benches at North and Center Commons 

Planted new trees at North Common 



35- 



Sewer Division 



Members: 

Joseph Witts, Operations Supervisor 
James Casparro, Sewer Inspector 
Michael Vosnakis, Maintenance Technician 
Daniel Belkas, Maintenance Mechanic 
Evelyn Newman, Departmental Assistant 
Jacqueline Sheehy, Principal Clerk 
Irene Oczkowski, Clerk 
John Kobelenz, Safety Plumbing Inspector 

The Sewer Division continued to expand this year with the addition of 686 new sewer connections, bringing the total on-line 
sewer users to 6003. The Rainbow Avenue sewer contract was completed. The East Chelmsford and Hart Pond contracts 
have begun construction and are scheduled for completion in the year 2000. No new pump stations were added, but the 
Abbott Lane pump station will be online in early 1999. 

The operations staff performs sewer connection inspections, maintenance, repairs, and upgrades of the sewer pumping 
stations and sewer lines as they become necessary. They also perform building grounds maintenance to the pump stations as 
well as any other duties that keep the collection system operating smoothly. 

The office staff handles all sewer betterments, sewer billing, phone inquiries, complaints and other related correspondence. 
They also perform clerical work for the Chelmsford Sewer Commission. 

We thankfully acknowledge the East, Center, and North Water Districts for their ongoing cooperation, the Police and Fire 
Departments for their assistance in monitoring pump station alarms, the Highway and Parks Departments for their manpower 
and equipment assistance, and the Sewer Commission with whom future projects are coordinated. 

I would like to thank all the staff members for their flexibility and cooperation in servicing the needs of the town and it's 
residents. 



Respectfully submitted, 
James E. Pearson, P.E. 
Director of Public Works 



36- 



Education 



School Committee 



The membership of the Chelmsford School Committee at the end of the 1997 calendar year included Mrs. Judy Mallette, 
Chair; Mrs. Mary Frantz, Vice Chair; Mrs. Evelyn Thoren, Secretary; Mrs. Mary Jo Sullivan Griffin, Member at Large; Mr. 
Tony Volpe, Member at Large; and Cegeon Chan, Student Representative. Central administration for the Chelmsford School 
Department included Dr. Richard Moser, Superintendent of Schools; Dr. Karen Mazza, Assistant Superintendent for 
Curriculum and Instruction; Mr. Bernie DiNatale, Director of Information and Technology Services; Mr. Robert 
Cruickshank, Business Manager; and Mrs. Dory Toppan, Director of Personnel. 

A major focus of the Chelmsford School Department during 1998 was to develop the parameters of a facilities study to be 
conducted during the second semester of the 1998-99 school year. The study will include an analysis of the demographics of 
the Town of Chelmsford as it relates to future enrollment projections, exploration of alternative uses of existing space, and a 
review of the physical conditions of all existing school department buildings. The goal is to develop a long range facilities 
improvement plan to meet the future needs of Chelmsford students and staff. 

A comprehensive selection process was conducted to identify a qualified architectural firm to serve as project consultants. 
Drummey, Roseanne and Anderson, Inc. (DRA) was chosen to conduct the study. DRA is an experienced architectural firm 
with substantive experience conducting similar feasibility studies in other cities and towns over the past twenty-five years. 
Their timeline includes project completion by the end of the 1998-99 school year. The Chelmsford School Committee will 
review their findings, present a status report at the April 26, 1 999 Town Meeting, and submit final recommendations to town 
officials and the Chelmsford community through the summer months. 

One reason for the development of a facilities study is the continuing growth of the Chelmsford Public Schools. School 
enrollment grew by 101 students this year, from 5,415 during the 1997-98 school year to 5,516 in September of 1998. Much 
of the growth is a function of the departure of a 1997 graduating class of 369 students and the entrance of an incoming 
kindergarten class of 457 students. Other growth has occurred primarily at the elementary and middle school levels; 
however, future growth is expected at the high school as larger classes of students in the younger years move their way 
through the school system into grades nine through twelve. Enrollment is projected to steadily increase and eventually exceed 
6,000 students by the 2004-05 school year. 

Increased enrollment for the 1999-00 school year will be accommodated by the development of Center School as an 
elementary facility of the Chelmsford School Department. Renovation and construction of the Center Elementary School 
began during the summer months of 1998. Demolition activities have been completed and the construction phase is well 
underway. The project is expected to be completed in August 1999, well in advance of the beginning of the 1999-00 school 
year. The Center Elementary School will serve 453 students in grade K - 4. 

A second activity conducted during the 1997 calendar year, directly related to the development of Center Elementary School, 
was the reorganization of elementary school attendance areas. This difficult task resulted in approximately 30% of 
Chelmsford elementary school students being redistricted into a new attendance area for the 1998-99 school year. The 
Chelmsford School Committee and central administration were pleased with the manner in which families of elementary 
school students adjusted to the planned changes. Change is difficult, but the newly reorganized elementary school attendance 
areas will result in a more manageable school size for our five elementary schools in 1999-00. Our elementary school 
enrollments for 1999-00 are anticipated to be as follows: 



School 


1998-99 

Actual 

Enrollment 


1999-00 

Projected 

Enrollment 


Byam Elementary School 


599 


516 


Center Elementary School 





453 


Harrington Elementary School 


612 


518 


South Row Elementary School 


601 


433 


Westlands Elementary Schools 


477 


379 



-37- 



A final focus of the 1998 calendar year worthy of attention by the Chelmsford community is the increase in the number of 
special education students and the corresponding pressures such increases place on the Chelmsford School Department 
budget. There has been an increase of approximately twenty students since September 1998 requiring out-of-distnct 
placements for educational services that cannot be performed in the context of Chelmsford in-house programs. Similarly, a 
larger number of students are requiring special programs associated with regulations of the 504 American Disabilities Act. 
Such increases have contributed to significant budgetary pressures for the 1998-99 school year and the projected budget for 
the 1999-00 school year. 

The high cost of special education services was on the legislative agenda for 1998 and is again on the agenda for 1999. The 
Chelmsford School Committee has been active in studying the impact of special education for the Chelmsford Schools and 
will remain active as the legislature explores alternative funding structures for future years. 

The Chelmsford School Committee continues to commit to the mission of our school system for all students "to cultivate 

the development of students into self-confident, lifelong learners and responsible citizens who possess personal integrity and 
the ability to succeed in a global society. The Committee welcomes input from our community on school programs and 
looks forward to a positive end to the 1998-99 school year. 

IN CONCLUSION: 

The School Committee wishes to extend deep appreciation to the following staff members for their years of loyal and 
meritorious service and who have retired this past year: 

TEACHERS 

William Berry, Art, Chelmsford High School 
Diana Maloomian, Grade 5, McCarthy School 

SUPPORT STAFF PERSONNEL 

George Brown, Custodian 

Bridget Cronin, P.S.P., High School Library 

Paul Garron, Head Custodian, McCarthy 

Dolores McAdam, Guidance Registrar, High School 

Jean Page, P.S.P., Harrington School 

Anita Perreault, Financial Coordinator, Central Office Administration 

Constance Pickard, I.P.S.P., Byam School 

Francis Poirier, Head Custodian, Harrington School 

IN MEMORIAM: 

The community and the Chelmsford School Department were grieved by the death of David McAndrew, Custodian at the 
Parker School. He will long be remembered for his devotion to the citizens of the Town of Chelmsford. 

Respectfully Submitted by: 

Richard H. Moser, Ph.D. 
Superintendent of Schools 



38 




School Committee 

Front Row: Cegeon Chan, Student Rep; Judith Mallettee, Chairman; Dr. Richard Moser, Supt. 
Back Row: Mary Frantz, Vice Chairman; Evelyn Thoren, Secretary; Mary Jo Griffin, Anthony Volpe 



Assistant Suoerintendent for Curriculum and Instruction 



Several initiatives have been important components of the instructional improvement efforts of the Chelmsford Public 
Schools during 1998. At the elementary school level, the district began a new early intervention reading program designed to 
help grade 1 students. Staffed by an early intervention reading specialist at each school, this program provides small group 
instruction to students in the classroom who have identified needs for extra support in the development of early reading skills. 
The intent is to provide support for early success and prevent learning problems from becoming larger deficits in later school 
years. 

The district is continuing to write curriculum based on the Massachusetts Curriculum Frameworks. Of particular note, new 
units on technology and the industrial period of American History and on Ancient World Civilizations were developed for 
Grade 4. The district received a grant from the Massachusetts Department of Education to provide a course on Ancient 
Civilizations to Grade 4 teachers to prepare them for teaching this new unit topic. A professor at the University of 
Massachusetts/Lowell has taught this course. 

The Massachusetts Comprehensive Assessment System (MCAS) was administered for the first time in 1998. This new 
assessment system for students in Grades 4, 8 and 1 is designed to assess student achievement of the learning standards in 
the curriculum frameworks. It is a very challenging test designed to hold schools and students accountable for improvement. 
The district is using the MCAS test results, along with other indicators of achievement, to develop data-driven analysis plans 
for school improvement. 



39- 



Several initiatives are designed to support improvement in instruction. The new process for teacher supervision began in 
1998. This process creates a cycle for supervision that includes opportunities for professional development, and a new 
focused evaluation plan that allows individual teachers to concentrate on a particular skill or knowledge base that he or she 
would like to extend and refine. The district also began a new mentor program for new teachers to support them in their first 
years of teaching. We have also continued to offer the Understanding Teaching Courses taught by Research for Better 
Teaching, serving approximately 75 district teachers per year. 



Nashoba Vallev Technical High School 



Administration 






Judith L. Klimkiewicz 




Superintendent 


Victor Kiloski 




Assistant Superintendent / Principal 


Ralph Dumas 




Business Manager 


William Towne 




Director of Student Support Services & Measurement 


Barbara Donaghue 




Director of Curriculum Development 


Kent Forty 




Dean of Students 


George Kalarites 




Facilities Manager 


School Committee 






Peter Bagni 




Chelmsford 


Charla Boles 




Groton 


Augustine Kish 




Littleton 


Irene Machemer 




Townsend 


Hajo Koester 




Westford 


Leo Dunn 




Westford 


Joan O'Brien 




Westford Vice Chairman 


Evangelos Lekas 




Chelmsford 


Garry Ricard 




Pepperell 


Sharon Shanahan 




Chelmsford 


Benjamin Wales 




Pepperell 


Richard White 




Shirley Chairman 


Alternates 






Al Buckley 




Pepperell 


Frank Heslin 




Westford 


Samuel Poulton 




Chelmsford Secretary 


Barbara Sherritt 




Townsend 


Heidi Shultz 




Shirley 


Deborah D'Agostino 




Groton 


School Data 






Type: 


Public, 


regional four-year vocational technical high school 


Student Enrollment: 


As of October 1, 1998 




Chelmsford 119 




Groton 


39 




Littleton 9 




Pepperell 124 




Shirley 


23 




Townsend 90 




Westford 81 




Ayer 


28 




School 


Choice 47 




Total Enrollment 560 



Accreditation: New England Association of Schools and Colleges 

College Board Code Number: 222-333 



Faculty: 



Sixty-five certified teachers 



-40 



Pupil Teacher Ratio: 10:1 

Calendar: Three twelve week trimesters. Eight 45 minute periods, five days per week. The school 

schedule alternates one week of academic classes with a week in a vocational technical 
program. 

Vocational-Technical Programs 

Auto-body Repair Graphic Communications 

Automotive Technology Horticulture / Landscape Design 

Construction / Cabinet Making Computer Aided Machine (Machine Tool Tech) 

Culinary Arts / Hotel Management / Medical Occupations 

Conference Planning Dental Assistant 

Computer Aided Drafting / Design Metal Fabrications 

Electrical Technology Painting & Decorating / Interior Design 
Electronics Repair Plumbing / Heating 

Early Child Care Education Banking / Retail / Marketing ( 1 999-2000) 

Pre-Engineering (1999-2000) 

Special Academic Programs 

Students receive four years of computer applications. Foreign Language is offered all four years for interested students. 
Juniors with honor grades may elect to enter the Dual Enrollment Program and take their senior year with a community 
college in Massachusetts or New Hampshire. Upon completion, they receive their high school depolma from Nashoba and an 
Associates Degree from the College they have attended. 

Student Activities 

Nashoba sponsors an extensive program in intra-scholastic sports including varsity teams in ten sports with equal 
opportunities for male and female students. Other activities include Student Council, National Honor Society, Yearbook, 
Students Against Destructive Decisions, Vocational Industrial Clubs of America, peer counseling and many special interest 
clubs. Nashoba does not charge user fees. 

The iKidsi Career Exploration Program 

A free program for four afternoons from 3-6 PM offering students in grades five, six and seven an opportunity to explore 
career opportunities in several vocational programs as well as World Language (Spanish). 

Continuing & Community Education 

Approximately fifteen hundred adults attend this evenings run program every school year. 

Summer Programs 

Nashoba Valleys Allstars Summer Program is offered to 5 th , 6 th , and 7 th graders in the area. Students enjoy outdoor 
adventures, sports programs, computer applications & graphics, and academic enrichment. 



-41 



Town Committees and Commissions 



Arts & Technology Education Fund 



MEMEBERS: 

Evelyn S. Thoren Chairman (1998) 

Sheila Pichette Secretary (1998) 

Edward Morassi Financial Liason (Chair 1999) 

Beverly Barrrett (Secretary 1999) 

George Ripsom 

Kit Harbison 

Richard Moser Superintendent of Schools 

The Spring Town Meeting approved an amendment to their General By-Laws be adding Section 13 to Article Vll entitled 
Chelmsford Arts and Technology Education Funds (ATEF). The purpose of this fund is to provide supplemental funding to 
support local educational initiatives and projects. Thanks to your generosity and support the ATEF has received over $22,000 
since its inception in November 1996. The fund received corporate donations from Lockheed/Martin ($1000) and from 
PROSYS Corp. ($500). The committee is currently working on investment strategies and researching other financial 
resources in order to create a lasting fund and insure continued and consistent awards. 

Chelmsford is the first town to have a By-Law in place that specifies the application process, committee make-up and 
limitations. In June 1998 a seven member committee made awards totaling $2000 to Christine Morassi -Westlands School, 
Sue Jamback - Chelmsford Public Charter School, Brenda O'Brien - Byam School, and Dr. Richard Hentz- McCarthy Middle 
School. These projects are currently being implemented. The Spring 1999 Applications and copies of the applications along 
with the By-Law were distributed in January 1999 to each school. The committee received completed applications by March 
31, 1999. Teachers and School Councils apply for these funds. Awards will be announced in June 1999. 

The concept of using tax check-offs for an alternative funding source for education was initiated by Arlington's veteran Town 
Treasurer, John Bilafer, under a Home Rule Petition over twelve years ago. Since this was accepted, over fifty towns in 
Massachusetts have adopted the statute Chapter 60. Chelmsford became involved in the process of adopting Chapter 60 
through the efforts of Anthony Volpe, a member of the Chelmsford School Committee. The ATEF Committee is following 
with great interest the State Senate evaluation of Bill # S1475, An Act Establishing a Matching Grant Incentive Program for 
Cities and Towns Establishing Scholarship and Educational Funds. 

Chelmsford uses pink insets in the real estate and excise tax bills as the method to elicit voluntary contributions to enhance 
the education of Chelmsford Public School students. The collected money does not become part of the school budget. The 
Town Treasurer disperses the funds under the direction of the ATEF Committee. Information sheets are available in the 
Town Offices. 



The contributions* that you give have and will continue to make a difference in the education of our children 
taxpayers. 

*These contributions may be tax deductible. Please contact your tax consultant. 



our future 



Board Of Appeals 



Members: 

Harold Organ, Chairman 

John Coppinger, Vice Chairman 

Eileen M. Duffy 

Gustave Fallgren 

Ronald Pare' 

Paul Landry, Alternate 

John Blake, Alternate 

Doris McClay, Board of Appeals Clerk 



The Board had 42 petitions for Variances and 33 petitions for Special Permits. The statistics are as follows: 



-42 



fflB ^^^^^^^^^^^^i RSwl 


Variance* 


42 


36 


5 


1 


Special Permit 33 


28 


3 


2 




Section 8 Appeals 


3 


2 


1 





Requested 
Extensions 


3 


3 








Total 


81 


69 


9 


3 



* One Variance petition was remanded back to the Board for reconsideration. 

The Board wishes to express its gratitude to the Board of Health, Sign Advisory Committee, Conservation Commission, 
Planning Board, Building Inspector and Board of Selectmen for their assistance and cooperation. 




Board of Appeals 

Front Row: Gustave Fallgren, Harold Organ, Chairman; Eileen Duffy 
Back Row: Ronald Pare', John Blake, John Coppinger, Vice Chairman 



43 



Celebrations Committee 



Members: 

Walter R. Hedlund Chairman 
James K. Gifford 
Robert J. Kelley 
David Marderosian 
Jeffrey W. Stallard 

The 31st Annual 1998 4th of July Celebration was once again a tremendous success. 

Thanks, to Chelmsford Lions Club, Chelmsford Lodge of Elks, No. 2310, Chelmsford Art Society, Chelmsford Community 
Band and many other Volunteers Chelmsford Organizations. 

Thanks, for their efforts and assistance from Department Heads and their Personnel of the Police, Fire, Highway, Parks and 
D. P. W. the Town Manager and the Board of Selectmen. 

To the members of the Chelmsford Auxiliary Police and Explorers Troop a special Thank You for your many Volunteer 
Hours. 

The Committee, is now planning for the 1999 Annual Fourth of July Celebration, it's 32nd Year. 



Respectfully Submitted 
Walter R. Hedlund 



Cemeterv Commission 



Members: 

Gerald L. Hardy, Chairman 
James F. Dolan 
Jean R. McCaffery 

Cemetery Department Personnel: 



John Sousa, Jr. 
Jorge Caires 
Kenneth Frazier 
Patrick Caires 
Eileen Johnson 
Claudio Caires 
Justin Johnson 
David Casey 



Superintendent 
Working Foreman 
Backhoe Operator 
Truck Driver 
P.T. Clerk 
Special Laborer 
Special Laborer 
Temporary Special Laborer 



The Cemetery Commission is pleased to report some major accomplishments and highlights of 1998 to the citizens of 
Chelmsford. A number of improvements were completed at your Town cemeteries during the year including the following: 

At Pine Ridge Cemetery earthwork was completed and grass was established in newly developed Section J. A second row of 
Austrian pines was planted as a buffer between Section J and the recent development at 100 Apollo Drive. This section will 
provide adequate space for nearly one thousand future grave sites. 

Additional land was also cleared, stumped, and graded for future Section K. The Cemetery Department staff applied grass 
seed, fertilizer and extended new water lines to this area. The staff also redesigned an existing shrubbery garden and 
cemetery road intersection to allow for smoother funeral traffic flow. 

At Forefathers Burying Ground, our ongoing monument restoration program efforts continued. Twenty granite family 
monuments, which were either leaning or sinking, were reset on new concrete foundations. In December, the Commission 
selected the consulting firm of Fannin-Lehner to develop a comprehensive preservation plan for Chelmsford's earliest 
cemetery. 

The Commission wishes to thank the Chelmsford Rotary Club for their generous donation of two hundred daffodil bulbs. 
The bulbs were planted last Fall by Nashoba Valley Tech. Horticulture students under the leadership of Harry Mohla 



44- 



The number of interments reached an all-time high of 181. Cremation interments totaled 35 for the year and accounted for 
19% of total interments. There were 90 burial lots sold during the year which represents a 26% decrease in lot sales over 
1997. 

The Cemetery Commission would like to commend the following Cemetery Department staff members for working so 
diligently to keep Chelmsford's six cemeteries well-maintained and attractive burial places. 

Respectfully Submitted, 



Gerald L. Hardy, Chairman 



Community Services Council 



Members: 

Kathy Cryan-Hicks, Library 
Susan Carmaris, Cultural Council 
Kit Harbison, Resident 
Holly Rice, Recreation 
Matt Scott, Cable Television 
Mary Walsh, Council on Aging 

The Chelmsford Community Services Council was formed by the Town Manager to coordinate and expand Chelmsford's 
recreation and cultural opportunities. By improving and expanding the delivery of these services we hope to enrich the 
quality of life in the Town of Chelmsford as well as increase our sense of community. 

The Chelmsford Community Services Council continues to deliver over 13,000 copies of the Chelmsford Community 
Newsletter to Chelmsford residents. The Chelmsford Community Newsletter was designed to increase the awareness of the 
programs and services that Chelmsford offers it's citizens. These programs may be educational, cultural, recreational or all 
of the above. In addition to being a guide for seasonal activities, the Chelmsford Community Newsletter will provide 
information about the how and why of town services to better understand government operations. 

The Chelmsford Community Services Council continues to sponsor the annual Winterfest event. This extremely successful 
and fun-filled weekend includes the chowderfest, ice-skating, hay rides, tearoom, variety show, carving of ice sculptures and 
much more. We will continue to offer a full slate of both indoor and outdoor activities for the entire community for future 
Winterfest Weekends. Numerous organizations in town sponsor specific events at various locations throughout Chelmsford. 
A very special thank you to Peggy Dunn for her continued dedication to the Winterfest event! 

We would like to thank all that support the Chelmsford Community Newsletter and the annual Winterfest event. 



Conservation Commission 



Members: 

Bob Greenwood, Chairman 

David McLachlan, Vice Chairman 

Christopher Garrahan 

Lynne Davis 

John Smaldone 

Michael Jasinski 

Charlene Parlee 

Andrew Sheehan, Community Development Coordinator 

During 1998, the Conservation Commission had a total of 80 filings under the Wetlands Protection Act and Wetlands Bylaw. 
The primary responsibility of the Conservation Commission is enforcement of the Wetlands Protection Act, MGL Ch. 131, s. 
40, and the Chelmsford Wetlands Bylaw, Article XI of the General Bylaws. The Conservation Commission received 32 
Notice of Intent filings. The Commission also held public meetings for 48 Requests for Determination. The Commission 
heard 3 cases of alleged wetlands violations. In response to the wetlands violations the Commission levied one fine of $500. 
This business was accomplished in 22 meetings and 10 Saturday sitewalks. Commissioners and staff conducted several 
hundred inspections at construction sites. 

-45- 



The Conservation Commission is pleased to report continuing progress in the management of its Reservations, Town Forests 
and conservation lands. The Commission held a public hearing on the Open Space and Recreation Plan prepared by the 
Community Development Coordinator with the assistance of an intern. The Commission approved the Open Space and 
Recreation Plan which was approved by the State's Division of Conservation Services. Approval of the Plan allowed the 
Town to apply for funds for the improvements of Southwell Park. 

The Commission again received valuable assistance from Eagle Scout and Gold Scout candidates. A number of mapping and 
improvement projects were undertaken on public lands again in 1998. As always, the Commission is grateful of the help of 
local Boy and Girl Scout troops. 



Wetlands 


95 


96 


97 


98 


Protection 










Requests for 


27 


30 


51 


48 


Determination 










Notices of Intent 


30 


21 


24 


32 ! 


Total 


57 


51 


75 


80 



Council on Aging 



Council on Aging Members 1998 -1999 

Elizabeth Marshall, Chairperson 

Arline Leman 

Donna Pechulis, Vice Chairperson 

Elizabeth McCarthy 

Jean McCaffery, Clerk 

Raymond Palmer 

Walter Cleven 

Peter Pedulla 

Lilla Eaton 

Joseph Warburton 

Catherine Goodwin 

The Chelmsford Senior Center is a source of pride for the community and certainly one of the most active centers in the 
Commonwealth. Each day more than four hundred people pass through the doors to avail themselves of the various 
programs, services and recreational offerings. It is a department constantly evolving in response to individual and collective 
needs, and its human service importance will definitely continue to accelerate into the new millennium. The following 
program statistics give some indication of our efforts during the past year. 

Adult Social Day Care 49 participants, average daily Attendance is 1 1.5 

Congregate Lunch 45,644 meals; average daily is 188 

Elder Home Repair Services 38 minor repairs completed 

Friendly Visitor Program 42 elders, 1250 hours of service 

Health Benefits Counseling 278 seniors benefited from SHINE Medical Programs and Sr. Pharmacy Program 

Meals on Wheels 17,908 meals; average daily is 74 

Transportation 8,673 single trips/166 participants 

Outreach 15-20 per week visits to seniors 

Over 70 to assess needs and recommend services 

Trips 44 throughout the year 

Tax/Fuel Assistance 1 64 seniors benefited from these Services 

Respite/Companion Care 72 clients and 19227 provider Hours 

Other Accomplishments: 

$4,000 dollar Service Incentive Grant received from the Executive Office of Elder Affairs 

$1,000 dollar grant received from Massachusetts Foundation for the Humanities which funded writing classes for 24 

seniors 

Five classes (60 seniors) participated in computer training at Technology Dept. in Chelmsford High School Fourth 

Grade students at the Byam School developed and maintain a "Home Page" for the Senior Center: 

www.schools.chelmsford.ma.us/seniors 

-46- 



• Enclosure of the sun porch by students from Nashoba Technical High School 

It was a successful and fulfilling year for everyone involved with the center's growth and development. The "Friends of the 
Senior Center" continued their dedicated efforts to support programs, make improvements and fund social service position by 
contributing approximately $85,000 dollars. In June, the "Friends" funded a Volunteer Appreciation lunch, which honored 
270 active volunteers, who contributed 34,042 hours of service during the year. Ultimately, the success of the center is based 
on the collective efforts of everyone involved. It is the pride and commitment of staff in responding to elderly needs. It is 
the effort, understanding and direction of the Council on aging members who work with the Director to steer the best course 
possible. It is the residents of Chelmsford who give us their financial support, dedication and involvement. It is a good 
relationship, one that resounds with community pride. 



Submitted by 



Martin J. Walsh, Director 



Cultural Council 



Members: 

Susan Carmeris 
Judy Fichtenbaum 
Carol Merriam 
Donna Thoene 
Kathy O'Brien 
Hildy Griffin 
Ronalee Sayers 
Judy Jumpp 
Louie Stamas 

Meetings: 1st Wednesday of the month, ten meetings per year. 

The Chelmsford Cultural Council is a local agency of the Massachusetts Cultural Council (MCC), and was established to 
carry out the mission of the state agency by supporting programs that promote access, education, diversity, and excellence in 
the arts, humanities, and interpretive sciences. It allocates state funds for these disciplines through the local grant program. 
The primary source of these funds is the Megabucks Lottery game. Grant award decisions are subject to final approval by the 
MCC. These programs improve the quality of life for our residents and contribute to the economic vitality of our community. 
The council is comprised of nine residents who are appointed by the town manager. 

In 1998 the council voted 23 grants totaling $15,557. Students in the Chelmsford Public Schools directly benefited from 12 
of these programs. 

Accomplishments this year: In addition to granting state funds, LCC's may choose to produce other cultural programs for the 
benefit of the community at large. The Chelmsford Cultural Council has taken an active role in town by promoting a variety 
of cultural events. Additional programs presented during 1998 include: . Contributed to Chelmsford's Winterfest Weekend by 
funding a Jazz Band (Edward Wirt) who performed during an art show produced jointly by the Cultural Council and the 
Chelmsford Art Society. The Cultural Council displayed all the entries of their recent town-wide Photography Contest 
entitled "Your Image of Chelmsford". There were three categories - Professional, Amateur and Student. First, second and 
third place prizes were awarded. . Held Annual Community Input Meeting meeting in March, with a presentation by guest 
artist Berna Finley. Funded Quintessential Brass in conjunction with Chelmsford's Holiday Prelude ceremonies. Presented the 
fourth annual "Angel of the Arts" award to Kit Harbison and Kathryn Cryan-Hicks noting their support and dedication to 
cultural programs in Chelmsford. Outgoing members Cathy Clark and Robin Crane were recognized for their service to the 
council. 



Susan Carmeris, Chair 



-47 



Finance Committee 



Members: 

Marcia Dobroth Chairman 

Clare Jeannotte Vice Chairman 

William Curry 

Dwight Hayward 

Susan Olsen 

Cornelius O'Neil 

Charles Piper 

The Finance Committee is comprised of seven members who are appointed by the Town Moderator to three-year terms. 

The Finance Committee is the arm of Town Meeting whose primary mission is to study and make recommendations on the 
town budget and warrant articles to be considered by the Town Meeting Representatives. 

There are two Town Meetings each year; the spring meeting commences on the last Monday in April and the fall meeting is 
held at the end of October. 

Prior to the Spring Town Meeting, the Town Manager presents his proposed budget and capital improvement program for the 
upcoming fiscal year with accompanying budget message and supporting documents to the Finance Committee. 

Each Finance Committee member acts as a liaison to various town departments and boards. Prior to the public hearing, the 
Finance Committee liaison meets individually with the department head to review the department's budget request. Weekly 
hearings are held from December through April to hear, analyze and discuss departmental budgets and warrant articles. Each 
department or independent board is given the opportunity to present their budget and respond to questions and concerns 
raised by Finance Committee members. Based on its deliberations, the Committee makes a recommendation on each line 
item of the budget and each warrant article. 

Similar to the budget hearings, the Committee also meets with petitioners, proponents and other interested parties, whether in 
support or opposition of proposed warrant articles that are to be considered at the Spring or Fall Town Meetings. After 
consideration of each warrant article, the Committee votes on its recommendation. In certain instances, when the article has 
no financial implication to the Town, the Committee may vote to make "no recommendation" on the article. 

The recommendations of the Committee are published in the Spring and Fall Report Books, which are available to residents 
and Town Meeting Representatives. Additionally, the Report contains financial data specific to the Town and other useful 
information. 

The Finance Committee also has one or more liaisons assigned to all major capital committees including the School Facilities 
Study Committee, Police Station, Adams Library and the Center School Building Committee. The liaisons are responsible 
for keeping the Committee informed about a project's progress and financial status. 

In accordance with the Town Charter, "The duty of Town Meeting Representatives is to keep abreast of town business and 
review materials forwarded to them by the Board of Selectmen and Town Manager. It is expected that town meeting 
members will attend meetings of multiple member bodies, attend hearings held by the Finance Committee and actively 
prepare for each session of the town meeting." The Finance Committee both encourages and welcomes attendance and 
participation of town meeting members and residents at any of their meetings. 



Historic District Commission 



Members: 

Peggy Dunn, Chairman 
Steve Stowell, Vice Chairman 
Tom Doyle 
Jack Handley 
Brenda Lovering 
John Alden, Alternate 

The Historic District Commission functions as a regulatory commission for the benefit of the town. A small area of the 
Town's center section is under the commission's authority. The objective of the Historic District Commission is to provide 
an expeditious application and review relative to the physical modification to the residences and businesses within the 
District. Regular meetings are held on the first Monday of each month at the Town Offices. 

-48- 



During the past year, the Historic District Commission received 14 applications for review; 13 applications were accepted, 2 
public hearings were held, and 1 1 public hearings were waived. Eleven Certificates of Appropriateness and 2 Certificates of 
Non-Applicability were issued. One application for lighted window sign was denied. 



Holiday Decorating Committee 



Members: 1998 

Donna A. Johnson, Chairman 

Linda Emerson, Music Chairman 

Ellen Donovan, Treasurer 

Jean Kydd 

Jacqueline Wunschel 

Carrie Bacon 

Iris Larssen 

Carol Gillette 

Linda Harrington 

Ruthann Burkinshaw 

Tink Nussbum 

Donna Ready 

Tink Nussbum 

Donna Ready 

Members: 1999 

Linda Harrington, Co-chairman 
Tink Nussbum, Co-chairman 
Carol Gillette, Music Chairman 
Elllen Donovan, Treasurer 
Jean Kydd 

Jacqueline Wunschel 
Carrie Bacon 
Iris Larssen 
Ruthann Burkinshaw 
Donna Ready 
Lynn Lemaire 

Departmental Mission Statement: 

The Holiday Decorating Committee is a group of volunteers who arrange and implement the Holiday Lighting and Prelude 
Ceremony in Chelmsford Center the first Sunday in December. The committee, with the help of several interested individuals 
and groups, physically put up and take down all the lights on the shrubs and trees on Chelmsford Common, the Old Town 
Hall and the Chelmsford Business District. In addition to the lighting the committee also organize musical talent who 
volunteer their time, arrange the hay rides, assist "Piney the Talking Tree" and "Santa" with the more than 500 children who 
come to see them. 

Budget: 

While the Committee is sanctioned by the Town, we receive no funds and work from donations give to us by several groups 
and individuals. We are especially grateful this year to The Chelmsford Business Association, The Chelmsford Rotary Club 
and the Chelmsford Fire Union for their generous donations. 

Goals and Objectives: 

Our goal for the 1999 year is to have a third hayride added to the Center Business District to make the waiting time less for 
our increasing number of participants. We will have to secure the necessary funds to do this but feel we will be able to obtain 
our goal. We have increased our number of musical and vocal groups over the years and hope to continue receiving their 
much appreciated talents for the upcoming year. We thank the Police Department, Police Auxiliary, Fire Department and 
Highway Department for their continued help and cooperation which has made our event possible and a huge success. We 
feel fortunate to have so many residents support our efforts and thank all those who give so freely of their time and talents to 
make this once a year event possible. 



Donna A. Johnson, Chairman 



49 



Housins Authority 



During 1998, the Chelmsford Housing Authority has continued to witness a sharp increase in the need for affordable housing 
for families, elderly and disabled individuals. The average waiting period for elderly disabled housing has risen dramatically 
with the new preference to local veterans, elimination of the asset limits and an increase in the income limits. Currently, the 
waiting period for state aided elderly disabled housing is as follows: Local/Veterans 2 or more years, Local Residents 5 to 7 
years, Non-residents 10 years or more. Our agency is not able to meet the current demand for affordable housing. 

The Section 8 Program opened its list in November with over 1,000 families applying. The Federal Government has 
continued to reduce the number of participants our agency may assist. Further, the low vacancy rates in Chelmsford have 
made it quite difficult to house low income families in town. There does not appear to be any immediate solution to this 
problem as rents are continuing to rise and no new units are being constructed in town. 

The Authority is actively pursuing opportunities to increase the number of elderly/disabled housing units in Chelmsford. 
During 1998, the Authority met with the Town Manager and Board of Selectmen to determine if any land was available for 
development. The Authority will continue to work with the Town in forging a stronger relationship. 

The Chelmsford Housing Authority programs as of December 31, 1998 provided a total of 354 units of low income housing: 
181 elderly/disabled and 173 family. Four of these programs are funded by the Commonwealth of Massachusetts through the 
Division of Housing and Community Development under Chapter 667, Chapter 705, Chapter 689, and the Massachusetts 
Rental Voucher Program. Chelmsford Arms completed in 1974, has 56 regular units and 8 handicapped units. The 
Middlesex Community residence for the mildly to moderately retarded was purchased in 1974 and has 5 units. Six, two 
bedroom condominiums in Pickwick Estates were purchased in 1981. McFarlin Manor, completed in 1981, has 43 regular 
units, 3 handicapped units, and a four bedroom congregate unit which serves the semi-independent elderly. Delaney Terrace, 
finished in 1990, has 48 units, 3 of which are handicapped and a one, 4 bedroom congregate unit for the frail elderly. These 
developments are funded under Chapter 667. Under the 705 Family Program, 1 1 units are scattered around Chelmsford. The 
Chapter 689 program is able to serve up to 8 individuals in the facility based respite care development located on Groton 
Road. 

Members of the staff include David J. Hedison, Executive Director, Linda Dalton, Administrative Assistant, Nancy Harvey, 
Leased Housing Coordinator, Michelle Hudzik, Program Coordinator, Richard O'Neil, Part-Time Maintenance Mechanic, 
Michael Harrington, Full-Time Grounds Keeper/Maintenance Laborer and Manuel Mendonca, Full-Time Grounds 
Keeper/Maintenance Laborer. Regular meetings are held at McFarlin Manor, 10 Wilson Street at 7:30 p.m., on the first 
Tuesday each month. The Annual Meeting is the first Tuesday in May. All meetings are open to the public. The 
Chelmsford Housing Authority Board of Commissioners would like to thank the residents of Chelmsford and Town Officials 
for their continued support and cooperation. 



Housing Authority Board of Commissioners 



William P. Keohane 
Lynn M. Marcella 
Scott Johnson 
Pamela A. Tumbull 
Denise Marcaurelle 



Chairman, 2001 
Vice Chairman, 2002 
Treasurer, 2003 
Asst. Treasurer, 1998 
Member, 1999 



Planning Board 



MEMBERS: 

Susan E. Carter, Chairman 

Tracey Wallace-Cody, Vice Chairman 

Robert C. Morse, Clerk 

Eugene E. Gilet 

James P. Good 

Kim J. MacKenzie 

Charles Wojtas 

Doris McClay, Senior Clerk 



During 1998, there were 51 proposals which were brought before the Planning Board. The statistics are as follows: 



-50 



SITE 


Total 


App 


Deny 


With 
drawn 


SITE PLANS* 


10 


10 








MINOR SITE 


4 


4 








PLANS 










SUBDIVISIONS** 


8 


7 








PRELIMINARY 


2 


2 








SUBDIVISIONS 










PAPER STREETS 


3 


1 


1 


1 


SUBDIVISION 


24 


24 








CONTROL LAW 










NOT REQUIRED 











* The total square footage of the buildings in the Site Plans was approximately 451,360 square feet. 

** These Subdivisions included approximately 33 residential lots. One of these Subdivisions is still pending before the 
Board. 

At the April Election, Charles Wojtas was elected and Susan Carter was reelected to the Planning Board. The Master Plan 
By-Law Review Committee presented the comprehensive revision of the Zoning By-Law at the Fall Town Meeting. The 
Zoning By-Law was approved by the Town Meeting Representatives. The Planning Board wishes to thank all the members 
of the Master Plan By-Law Review Committee for all their hard work and dedication to this project. The Planning Board 
wishes to thank Mr. Gilet for his 32 years of service on the Planning Board. Mr. Gilet will be retiring from the Planning 
Board in 1999. 



The Planning Board wishes to express its gratitude to the Board of Health, Department of Public Works, Police Department, 
Conservation Commission, Water Districts, Fire Department, Sewer Commission, Building Inspector, Community 
Development Coordinator and the public for their assistance and cooperation. 



51 




Planning Board 

Front Row: Tracy Wallace Cody, Susan Carter, Charles Wojtas 
Back Row: Eugene Gilet, Kim McKenzie, Robert Morse, James Good 



-52 



Veterans' Emergency Fund 



Balance as of January 1 st , 1998 $21,726.98 

Add Receipts: 

The MassBank for Savings, Reading, MA, Regular Savings, Interest $483.05 

The Massbank for savings, Reading, MA., Certificate Account, Interest $380.64 

Total Interest Received: $863.69 



Balance on Hand as of January 1 st , 1998 And Interest Income as of December 31 st , 1998 



$22,590.67 



ASSETS 

MassBank for Savings, Account #91-1287909 
MassBank for Savings, Account #92-2055696 



$15,106.45 
$7,484.22 



Total Assets 



$22, 590.67 



LIABILITIES 

Total Liabilities 

Total Assets, Less Liabilities, as of December 31 s1 , 1998 

Respectfully Yours, 

Veterans' Emergency Fund Committee 

By Alfred H. Coburn, Treasurer 



None 
$22, 590.67 



Veterans' Emergency Fund Committee 



Applications for assistance are received from the Veterans' Benefits Department. Material Grants are usually authorized. No 
cash grants have ever been approved. During 1998 no applications for assistance were received. 

The membership of the committee during the year 1998 was as follows: 



Precinct 1. 
Precinct 2. 
Precinct 3. 
Precinct 4. 
Precinct 5. 
Precinct 6. 
Precinct 7. 
Precinct 8. 
Precinct 9. 



Steven E. E. Belkakis, 
Carl J. Lebedzinski 
John J. Kenney 
Thomas E. Firth, Jr. 
Frederick H. Reid 
Alfred H. Cobum 
Alan E. Greenhalgh 
Neal C. Stanley 
Lloyd C. Greene, Jr. 



DDS 



Our member, Dr. Belkakis, passed on during 1998. We now wish to acknowledge his willingness to serve for several years. 

Respectfully Yours 

For the Veterans' Emergency Fund Committee 

By Alfred H. Coburn, Chairman 



53 



Veterans' Services 



Members: 




Martin J. Walsh 


Director 


Regina B. Jackson 


Assistant 



The Chelmsford Veterans' Service Office provides short-term financial assistance to eligible veterans and their families as 
mandated by Massachusetts General Law Chapter 115. We can assist eligible, needy veterans with a monthly allowable 
grant and some medical coverage. The amount of assistance depends on the budget standards set by the Commonwealth of 
Massachusetts Department of Veterans' Services. In CY 1998 we averaged $7,693 per month in benefits paid out. The State 
reimbursed Chelmsford 75% of these benefits. We have about 14 active cases per month. Our reimbursement from the State 
is paid quarterly and runs approximately 10 months behind the authorizations. 

In addition to Chapter 115 cases, we receive about 25 requests for information and help per month from citizens dealing with 
a wide range of issues. We help veterans who are not eligible for the Chapter 115 program find alternate means of assistance 
with other state and federal resources. We hold a monthly meeting for veterans at the Senior Center, all are welcome. We 
also organize the Veterans' Day Observance and help with the Memorial Day flag honors. 

Our office is located in the Community Center (Old Town Hall) in Chelmsford Center. The office is open M/W/F 8:30 to 
4:00. Our phone number is #250-5238. If you need help when the office is closed, call Marty Walsh at the Senior Center 
#251-8692. If you are unable to visit our office and need a home visit, please call and we will be happy to schedule a 
convenient time. Thank you. 



54- 



Town Meetings and Elections 



Warrant tor the Annual Town Election April 7, 1998 and Town Meeting April 27, 1998 



MIDDLESEX, SS 

To the Constable, or any other suitable person of the Town of Chelmsford 
Greetings: 

In the name of the Commonwealth aforesaid, you are hereby requested to notify and warn the legal voters of said Chelmsford 
to meet in their several polling places, VIZ 

Precinct 1 South Row Elementary School Cafetorium 

Precinct 2 Harrington Elementary School Gymnasium 

Precinct 3 Harrington Elementary School Gymnasium 

Precinct 4 Westlands School Cafetorium 

Precinct 5 Byam School Cafetorium 

Precinct 6 Westlands School Cafetorium 

Precinct 7 McCarthy Middle School, Small Gymnasium 

Precinct 8 McCarthy Middle School, Small Gymnasium 

Precinct 9 South Row Elementary School Cafetorium 

On Tuesday the 7 th day of April, 1998, being the first Tuesday in said month at 7:00 a.m. until 8:00 p.m. for the following 
purposes. 

To bring in their votes for the following officers: 

Two Selectmen for three years; 

Two School Committee Member for three years; 

Two Library Trustees for three years; 

One Board of Health Member for three years; 

Two Planning Board Members for three years; 

Two Sewer Commissioners for three years; 

One Housing Authority Member for five years; 

One Cemetery Commissioner for three years; 

And vote on the following question: 

QUESTION 1 

Shall the Town of Chelmsford approve the charter amendments proposed by the May 1, 1997 Annual town Meeting 
summarized below? YES NO 

Summary: A yes vote will adopt certain amendments to Section 2-13 of the Town Charter which were approved by the 
Spring, 1997 Annual Town Meeting any by the Attorney General. The amendments are intended to make the Charter's 
referendum election procedures conform to the election laws of the Commonwealth. The amendments include the time for 
filing a referendum petition, the scheduling and polling hours of a referendum election, the form of referendum questions and 
the percentage of voter participation necessary to reverse a vote of the representative town meeting. 

And bring in their votes for the following: 

Fifty-four Representative Town Meeting Members for three years in precincts 1 through 9 
One Representative Town Meeting Member for an unexpired one year term in Precinct 2 
Two Representative Town Meeting Members for an unexpired one year term in Precinct 6 
Two Representative Town Meeting Members for an unexpired two year term in Precinct 8 

And to meet in the senior Center, Groton Road, North Chelmsford, on Monday, the twenty-seventh day of April, at 7:30 p.m. 
in the evening, then and there to act upon the following articles, VIZ: 

For complete warrant information see original documents on file in the Town Clerk's Office 

-55- 



Warrant for Special Town Meeting April 27, 1998 



MIDDLESEX, SS. 



To the Constable, or any other suitable person of the Town of Chelmsford. 



Greetings: 



In the name of the Commonwealth aforesaid, you are hereby requested to notify and warn the town Meeting Representatives 
of said Chelmsford to meet in Senior Center, Groton Road, North Chelmsford on Monday, the twenty-seventh of April, at 
7:30 p.m. in the evening then and there to act upon the following articles, VIZ: 



For complete warrant information see original documents on file in the Town Clerk's Office. 



Town Election April 7, 1998 



SELECTMAN 3 Year Terms (2) 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


191 


155 


249 


143 


192 


196 


194 


160 


206 


1686 


Thomas E. Moran 


353 


287 


420 


331 


339 


386 


344 


325 


352 


3137 


Susan J. Gates* 


286 


212 


266 


231 


312 


333 


381 


251 


381 


2653 


Michael F. McCall 


303 


270 


413 


301 


343 


363 


382 


294 


372 


3041 


Write-In 


1 


1 























2 


Misc 





1 














1 





1 


3 


TOTAL 


1134 


926 


1348 


1006 


1186 


1278 


1302 


1030 


1312 


10522 


SCHOOL COMMITTEE 3 Year Terms (2) 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


198 


159 


254 


172 


210 


214 


216 


165 


190 


1778 


Bruce R. Wolf 


189 


152 


207 


169 


210 


213 


225 


199 


288 


1852 


Mary- Jo Griffin 


373 


311 


448 


340 


362 


463 


466 


348 


433 


3544 


Evelyn S. Thoren 


372 


304 


438 


324 


398 


387 


392 


318 


397 


3330 


Write-in 


2 





1 


1 


6 


1 


3 





3 


17 


Misc 


























1 


1 


TOTAL 


1134 


926 


1348 


1006 


1186 


1278 


1302 


1030 


1312 


10522 


LIBRARY TRUSTEE 3 Year Terms (2) 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


359 


297 


446 


329 


364 


381 


342 


332 


449 


3299 


Sarah L. Warner* 


406 


319 


450 


354 


423 


461 


464 


345 


448 


3670 


John W. Cutter, Jr.* 


364 


310 


448 


322 


395 


435 


496 


351 


414 


3535 


Write-In 


3 











2 


1 





2 


1 


9 


Misc 


2 





4 


1 


2 














9 


TOTAL 


1134 


926 


1348 


1006 


1186 


1278 


1302 


1030 


1312 


10522 


BOARD OF HEALTH 3 Year Term (1) 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


142 


130 


180 


142 


142 


169 


156 


142 


190 


1393 


Paul J. Canniff* 


422 


333 


492 


359 


450 


468 


493 


373 


463 


3853 


Write-In 


3 











1 


1 








1 


6 


Misc 








2 


2 





1 


2 





2 


9 


TOTAL 


567 


463 


674 


503 


593 


639 


651 


515 


656 


5261 



-56- 



PLANNING BOARD 3 Year Terms (2) 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 1 


Blanks 


255 


236 


356 


229 


259 


271 


277 


241 


293 


2417 


Susan E. Carter* 


351 


314 


441 


303 


376 


410 


414 


317 


400 


3326 


Charles Wojtas 


302 


196 


275 


245 


311 


286 


258 


232 


355 


2460 


James M. Creegan* 


223 


180 


274 


229 


238 


311 


353 


239 


260 


2307 


Write-In 


3 











2 











4 


9 


Misc 








2 














1 





3 


TOTAL 


1134 


926 


1348 


1006 


1186 


1278 


1302 


1030 


1312 


10522 


SEWER COMMISSION 3 Year Term(2) 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blank 


320 


282 


369 


272 


327 


360 


360 


309 


435 


3034 


Barry B. Balan* 


399 


299 


448 


348 


411 


436 


449 


327 


424 


3541 


John P. Emerson, Jr.* 


411 


345 


529 


385 


447 


481 


485 


394 


445 


3922 


Write-in 


3 








1 





1 


6 





8 


19 


Misc 


1 





2 





1 





2 








6 


TOTAL 


1134 


926 


1348 


1006 


1186 


1278 


1302 


1030 


1312 


10522 


HOUSING AUTHORITY 5 Year Term (1) 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


152 


130 


198 


115 


172 


179 


184 


149 


202 


1481 


Scott E. Johnson 


413 


332 


473 


386 


421 


459 


465 


366 


452 


3767 


Write-in 


2 





1 


2 





1 


1 





1 


8 


Misc 





1 


2 











1 





1 


5 


TOTAL 


567 


463 


674 


503 


593 


639 


651 


515 


656 


5261 


CEMETERY COMMISSION 3 Yr Term f 1 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


95 


91 


138 


85 


110 


131 


142 


98 


124 


1014 


Gerald L. Hardy* 


352 


245 


358 


324 


387 


399 


411 


311 


382 


3169 


Richard B. Nawoichik 


120 


127 


178 


93 


96 


109 


96 


106 


148 


1073 


Write-in 



















2 


2 


Misc 











1 








2 








3 


TOTAL 


567 


463 


674 


503 


593 


639 


651 


515 


656 


5261 


CONSTABLE 3 Year Term (1) 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


130 


120 


177 


125 


158 


157 


150 


135 


198 


1350 


William E. Spence* 


434 


343 


495 


378 


432 


481 


500 


379 


455 


3897 


Write-in 


3 





1 





2 





1 


1 


2 


10 


Misc 








1 





1 


1 








1 


4 


TOTAL 


567 


463 


674 


503 


593 


639 


651 


515 


656 


5261 


QUESTION 1 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


75 


78 


134 


77 


116 


135 


87 


85 


107 


894 


Yes 


388 


252 


391 


332 


386 


413 


479 


335 


447 


3423 


No 


104 


133 


149 


94 


91 


91 


85 


95 


102 


944 


TOTAL 


567 


463 


674 


503 


593 


639 


651 


515 


656 


5261 



^Candidate for Re-election 



TOWN MTG REPRES (3 YEARS) 



PCT#1 



TOWN MTG REPRES (3 YEARS) 



Blanks 

William E. Spence* 

Samuel P. Chase 

Sarah L. Warner 

Sandra B. Martinez* 

Kathryn Brough* 

Richard G, Allison* 

Write-in 

Misc 

TOTAL 



1489 


Blanks 


358 


Stanley W. Norkunas 


314 


Jeffrey W. Stallard* 


336 


Mary Jo Welch* 


289 


Barry T.Bell* 


316 


Douglas R. Aker 


288 


Bonnie I. Foster* 


2 


Write-in 


10 


Misc 


3402 


TOTAL 



PCT#2 

1167 

244 

286 

298 

261 

252 

266 

2 

2 

2778 



57 



TOWN MTG REPRES (1 YR UNEXPRD)PCT #2 

Blank 129 

Phyllis H. Clark 333 

Write-in 1 

TOTAL 463 



TOWN MTG REPRES (3 YEARS) 



PCT#3 



Blanks 1168 

John P. Emerson, Jr.* 439 

Carol W. Merriam * 374 

Henry R. McEnany* 340 

Kevin D.Clark 215 

Thomas E. Moran 358 

James P. Boermeester* 295 

Nancy J. Knight* 312 

Robert M. Burns 234 

H. Steve Flynn 299 

Write-in 4 

Misc 6 

TOTAL 4044 



TOWN MTG REPRES (3 YEARS) PCT #4 

Blanks 1031 

Mark A. House 178 

Cathleen H. Latina 253 

Helen A. Manahan* 252 

JohnB. Sousa, Jr.* 286 

Joan D. Morrison* 279 

John R. Hibbard* 242 

Jocaob P. Sartz, III* 204 

Daniel J. Sullivan* 275 

Write-in 2 

Misc 16 

TOTAL 3018 



TOWN MTG REPRES (3 YEARS) PCT #5 

Blanks 1237 

Dean Carmeris* 337 

Jonathan A. Stevens* 365 

W. Allen Thomas, Jr. * 369 

Leonard R. Richards, Jr.* 332 

Thomas M. Chevalier 304 

Dennis T. Bak 287 

Frederick S. Marcks 325 

Write-in 1 

Misc 1 

TOTAL 3558 



TOWN MTG REPRES (3 YEARS) (6) PCT #6 

Blanks 1913 

George T. Chianis 348 

Martm A. Gruber* 383 

Evangelos T. Lekas* 337 

Susan Kupor McHugh* 404 

Janet G. Dubner* 402 

Write-in 24 

A. Taranto 18 

Daniel Dubner 5 

Misc 

TOTAL 3834 



TOWN MTG REPRES (1 YEAR) (2) PCT #6 

Blanks 

Angelo J. Taranto, Jr. (Write-in) 

Daniel Lekas 

Christopher Mullen 

Write-in 

Write-in 

Misc 

TOTAL 



TOWN MTG REPRES (3 YEARS) 

Blanks 

Paul F. Gleason* 

Karen D. Ready* 

Linda G. Morabito* 

Jonathan C. Stubbs* 

Pamela L. Armstrong 

Peter Dulchinos* 

Clare L. Jeannotte* 

Write-in 

Misc 

TOTAL 



TOWN MTG REPRES (3 YEARS) 

Blanks 

William C. Curry* 

Joyce E. Johnson* 

Angelo J. Taranto* 

John E. Abbott* 

Kathleen E. Howe 

Jacqueline A. Sheehy* 

Write-in 

Misc 

TOTAL 



1219 
39 

3 
2 
7 

8 
1278 

PCT #7 

1179 

424 

440 

407 

336 

395 

381 

342 

1 

1 

3906 

PCT #8 

1181 

326 

317 

362 

295 

297 

303 

8 

1 

3090 



TOWN MTG REPRES (2 YEARS)(2) PCT #8 

Blanks 63 1 

Linda M. Lee 337 

Richard M. Johnson (Write-in) 53 

Write-in 9 

Write-in 

Misc 

TOTAL 1030 



58- 



TOWN MTG REPRES (3 YEARS) 

Blanks 

Francis J. Barre* 
Will L. Perry* 
Lesley M. Mathews 
James W. Young* 
Robert P. Mackey 
Arthur Carmen 
James E. Mazzola 



r#9 


Phyllis M. Elias* 


921 


Eleanor D. Abbott* 


373 


Dennis J. Newell, Jr 


369 


Gary A. Mathews 


274 


Write-in 


221 


Misc 


255 


TOTAL 


219 




232 





305 
268 
213 
281 
1 

4 
3936 



Annual Town Meeting April 27, 1998 



The Annual Town Meeting was called to order at 7:35 PM at the Senior Center, by the Moderator Dennis 
McHugh, who recognized the presence of a quorum. There were 152 Town Meeting Representatives 
present. The Moderator explained the rules and procedures of the meeting. He made a few public 
announcements regarding upcoming events. He then asked for a moment of silence for those Town 
Meeting Representatives who had passed away, since the October meeting: Precinct 2 Representatives 
Patrick Mike Curran died January 3rd, former Precinct 6 Christopher Driscoll who died on March 12th, 
and former Precinct 9 Representative Edward Cady who also died on March 1 2th. 

Selectman William Dalton moved that the reading of the Constable's return of the warrant be waived. 
Motion carried, unanimously. Selectman William Dalton moved that the reading of the entire warrant be 
waived. Motion carried, unanimously. The Moderator requested that the Body vote to allow non residents, 
Bernie DiNatalie, Mark Finneral, Ken DiNisco, and Dale Gienapp address the Body at the time of 
discussion relating to the School Departments articles. Motion carried, unanimously. 



UNDER ARTICLE 1 . Selectman William Dalton moved that the Town vote to hear reports of the Town 
Officers and Committees. 

Town Manager Bernard Lynch presented a five year financial plan. He gave a presentation where he listed 
the different areas where revenue is provided and the projected figures. Local taxes, which are allowed to 
increase up to 2 'A % each year. State Aid, Chapter 70 funding for education level funding, Lottery funding, 
50% Quinn Bill reimbursement, Center School construction reimbursement. Available Funds, which are 
from stabilization funds transfers. Increase 2 'A % of Sewer User Fees. 2 'A % of Cemetery Trust funds. 
And Local Receipts, such as excise bills, interest on late taxes, rental income, alcoholic licenses, LRTA 
revenue, and miscellaneous receipts are projected to grow 2 'A % per year. He listed the projected 
percentages for five years of expenditures, and the amounts projected to be added to Reserves (Stabilization 
Fund). 

The Moderator then made a point of order. A warrant had been posted by the Constable for a scheduled 
Special Town Meeting to begin at 7:45 PM. Seeing that it was the time. He moved to adjourn the Annual 
Town Meeting in order to act upon the scheduled special. The motion carried, unanimously. 

Special Town Meeting April 27, 1998 

The Special Town Meeting was called to order at 7:45 PM at the Senior Center, by the Moderator Dennis 
McHugh, who recognized the presence of a quorum. There were 152 Town Meeting Representatives 
present. 

Bernard Lynch, Town Manager moved to adjourn the Special Town Meeting in order to continue hearing 
the reports under Article 1 of the Annual. He explained that The State Senator Susan Fargo and State 
Representative Carol Cleven were in the hall and they would like to address the Body. The Special Town 
Meeting would begin immediately at the conclusion of Article 1. The Moderator asked for a show of hands 
on the motion to recess the Special Town Meeting, at 7:50 PM. Motion carried, unanimously. 

The Moderator returned to the Adjourned Annual Town Meeting at 7:50 PM, the following action took 
place: 



59 



Under Article 1 Con't State Representative Carol elevens came forward and announced that herself and 
Senator Fargo had come from a meeting with the State Board of Transportation this afternoon and that 
there is a major plan underway by Acting Governor Cellucci to proposed a project for the widening of 
Route 3 from Burlington, Ma to the New Hampshire border. The Acting Governor will be making an 
formal announcement tomorrow regarding the details and filing the bill. It will be a private/public 
partnership a ten year project and there would be no tolls. It must be approved by the Legislature. She then 
listed various bills and fundings that have taken place. The Tully Forum bill had passed and will be on the 
Acting Governor's desk by the end of the week waiting for his signature. There will be an increase in State 
Lottery funding this year. The funds were capped about 3-4 years ago, Legislation voted to remove the 
cap and distribute the funds throughout the local communities. The Education Reform bill will be funded 
in the Governor's budget. Early Childhood Education will be funded more this year. She mentioned 
different Boards and Commissions that have received various grant monies. The Sewer, Library, School 
Department, Council on Aging, Cultural Council. She thanked the Body for allowing her to appear before 
them. State Senator Susan Fargo came forth and thanked the Body. She went on and discussed the $4 .5 
Million dollar non interest Sewer funding that the Town had obtained. Also according to her office there 
were about $3 million dollars in grants awarded to various departments and commissions. Her office 
would continue to work and keep up with the deadlines of the various funding available. It is important to 
contact the community when the deadline is near and remind them to submit the needed paperwork. 
Regarding the Rt. 3 project. Public input will be listen to, hearings are scheduled to beginning in May. 
The project should be completed between the years 2006 to 2010. Asked for questions hearing none, she 
ended her report. 

Linda Prescott of the Historic Commission came forth and announced that May was Preservation Month 
and in keeping with the spirit of Preservation the Board would like to invite the public to Preservation Day 
on Saturday May 2nd, between the hours of 9 AM to 12 Noon, tours will be given of the Forefathers 
Cemetery, 1802 School House. While at these sites walk the Historic District area and visit the tollhouse 
on the Common. At this time she asked David and Patricia Ayotte to come forth and accept a plaque of 
appreciation from the Commission in honor of all the work they did on preserving the Olde Mill House in 
Chelmsford Center. The Town Meeting Body had voted not to tear down this building in order to build a 
parking lot, at the October 1996 Annual Meeting. The Ayotte's who are tenants of the property restored 
it. The public is welcomed to an open house on May 2nd to view their work. David Ayotte thanked the 
Historic Commission, Jack Handley, and the Body for the placque. 

Seeing that there were no further reports, The Moderator asked that the Body accept the reports as 
presented and moved to recessed the Annual Town Meeting at 8:10 PM, in order to proceeded with the 
Special Town Meeting. Motion carried, unanimously. 



Special Town Meeting April 27, 1998 



The recessed Special Town Meeting was called to order at 8:10 PM by the Moderator and the following 
action took place: 

Selectman William Dalton moved that the reading of the Constable's return of the warrant be waived. 
Motion carried, unanimously. Selectman William Dalton moved that the reading of the entire warrant be 
waived. Motion carried, unanimously. The Moderator requested that the Body vote to allow non residents, 
Bernie DiNatalie, Mark Finneral, Ken DiNisco, and Dale Gienapp address the Body at the time of 
discussion relating to the School Departments articles. Motion carried, unanimously. 



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UNDER ARTICLE 1. Judith Mallette, Chairman of the School Committee moved that the Town vote to 
appropriate $1,300,000 for renovating the Center School for use as an Educational Facility, such 
appropriation being in addition to the $6,093,399 previously appropriated for such project by the vote 
passed under Article 3 of the warrant for the April 25, 1994 annual town meeting as amended by the vote 
passed under Article 6 of the warrant for theMay 4, 1995 special town meeting, said project having been 
approved by the State Board of Education on August 15, 1997 for a construction grant equal to 64% of the 
eligible costs of the project as required by such vote as amended; and that to meet this appropriation the 
Treasurer with the approval of the Board of Selectmen is authorized to borrow $1,300,000. under Chapter 
44 of the General Law or Chapter 645 of the Acts of 1948 as amended. 

School Superintendent Dr Richard Moser made a presentation to the Body. He introduced the various 
members of the Center School Building Committee and asked them to stand as he read their names: Bob 
Cruickshank, Chairman, Mark Finneral, Mary Frantz, Frank Higson, Bernie Lynch, Judy Mallette, Fred 
Mansfield, Karen Mazza, Jim Pearson, Charles Piper, Stuart Weisfeldt, DiNisco Design Partnership, which 
consisted of Ken DiNisco and Dale Gienapp and Clerk of the Works Anne Dodd. 

The purpose of the project is to address enrollment increases and overcrowding at the elementary level of K 
- 4. Other areas had been investigated before deciding on this site. Which included looking for existing 
space within the School District, via retail/Town Owned space. Modular classrooms or new construction. 
All alternative motives failed to meet the State mandated conditions for 64% construction aid of the total 
cost of the project, therefore the Town Meeting body supported the proposed renovation project at the 
April 1994 Annual Town Meeting. An initial bid process to identify construction contractor was conducted 
in March of 1998. The first bids totaled $8.1 million. The Committee felt it was more than what the Town 
could afford. The Committee rejected the bid. The project was scaled back and rebid, which resulted in a 
cost reduction of $630,000. The changes did not compromised the integrity of the building as an 
educational institution. The following items changed were: Landscaping and site work, masonry and 
plastering, classroom ceiling design, roofing materials, hallway tiles, built-in shelving. There is a 
difference in the cost from the original 1994 estimate of $1,299,741. The Town's share of 36% would be 
$467,906. He listed the increased figures. This is due to the changes in the building code, building market, 
the project is labor intensive, inflation, air conditioning, added technology, sewer hook-up. The Town 
Manager has indicated that the Town can afford it's share of the increase without raising taxes. The 
building will be ready by September of 1999. Finalizing construction contracts and actual construction will 
begin in May of 1998. The project is to be completed in 15.5 months, by August 1, 1999. The Moderator 
asked for any questions, hearing none, he asked for the Finance Committee's recommendation. The 
Finance Committee recommended the article. The Board of Selectmen recommended the article. A 
discussion took place. Robert Joyce questioned why the bidding process didn't start earlier, this would 
have avoided the increased costs. Judy Mallette, Chairman of the School Committee explained that the 
prior tenant, the Light House School had a lease agreement and until the school was vacant the bidding 
couldn't begin. No one could go through the building while it was occupied. When the project was first 
started a schedule was made for the bidding process. Even though the building ended up becoming vacant 
before the scheduled time, there was no choice the scheduled process had to be followed. Richard Johnson 
and Glenn Thoren asked questions about the process. Would there be a late charge enacted if not 
completed on time? Yes $1000.00 per day. John Emerson, James Doukszewicz asked questions. 
Selectman William Dalton said that the Board felt it was in the best interest of the Town, even though they 
were not completely happy with the cost increase and that other departments stay within their budgets. 
The Moderator asked if there were any further questions? Hearing none he asked for a show of hands. The 
motion carried, by the Moderator recognizing the 2/3 's vote rule. 



UNDER ARTICLE 2. Selectman William Dalton moved that the Town vote to amend Article II of the 
General Bylaws of the Town of Chelmsford by deleting the following: 

Section 1 Time of Annual Election - The Annual Election shall be held on the First Tuesday of April. 

and replacing with the following: 



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Section 1 Time of Annual Election - The Annual Election shall be held on the Second Tuesday of May, 
and amending Section 3 Time of Meetings by replacing the "last Monday in April" with "second Monday 
in April". 

The Town Manager explained that this article was due to the result of last year's Annual Town Election. A 
Blizzard had occurred on the Tuesday April 1st election day. The Secretary of State ordered that the 
election be suspended and ordered it to recommence on Friday April 1 1th. If the date was changed the 
weather would not would not play a part in the election process. This would also allow more time in order 
to provide more information. The Manager explained that the Board was going to amend the article. 
Selectman William Dalton moved to amend the article by deleting the last sentence of the article with 
regards to the amendment to section 3. This way the motion only seeks to change the time of the Annual 
Election and will not effect the Town Meeting date. The Moderator asked for the Finance Committee's 
recommendation. The Finance Committee recommended the article. Barry Balan questioned what 
information would be available. The warrant books had to be available two weeks prior to any Town 
Meeting. New Representatives wouldn't possibility attend a Town Meeting until October. Also there has 
been snow in May, he urge the Body to leave the election date as it is, and not vote for the amendment or 
the article. John Fudge felt that there would be much more unnecessary discussion taking place, speakers 
would not only be Representatives but candidates, because the election would be after the Town Meeting. 
John Wilder spoke in favor of the article. He felt that any Elected Official who worked on a budget or an 
article would be able to see it through the process. It's done this way on the federal level. The budget is 
passed on October 1st and the election is held in November. Selectman Dalton said that there are a lot of 
elderly who vote and the Board felt that this change in date would be better conditions. Glenn Thoren 
spoke against the article. He said the weather factor is part of living in New England. The Moderator asked 
for any further discussion. Hearing none he asked for a show of hands on the motion to amend. Motion 
defeated. He then asked for a show of hands on the article, motion defeated. 



UNDER ARTICLE 3. Town Manager Bernard Lynch moved that the Town vote to amend the Fiscal year 
1998 Operating Budget as voted under article 2 of the Annual Town Meeting held on April 28, 1997 as 
amended by the vote passed under Article 7 of the Annual Town Meeting held on October 20, 1997 by 
making the following changes: 

Increase Line Item #5 Public Safety Personnel, by $480,000 to $6,601,379 

Increase Line Item #6 Public Safety Expenses, by $13,000 to $625,569. 

And that the Town transfer and appropriate $445,495. from Available Funds and $47,505 from Free 
Cash to defray such changes. 

The Town Manager explained the article. The increase in Public Safety was a result of the negotiated 
contract settlement of the Fire Contract. The personnel had been without a contract for four years. Also 
the settlement of the Superior Officers contract of the Police Department. They had been working since 
last June without a contract. The increase in the Public Safety Expense was due to a new approxie floor 
being needed at the Center Fire Station. He asked the Body to support the article. The Moderator asked for 
the Finance Committee's recommendation. The Finance Committee recommended the article. The Board 
of Selectmen recommended the article. The Moderator as for a show of hands, motion carried, 
unanimously. 



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UNDER ARTICLE 4. Selectman William Dalton moved that the Town vote to authorize the Board of 
Selectmen to acquire by purchase land with improvements, if any, thereon, located on Richardson Road, 
heretofore leased by the Town for the purpose of a municipal sand and gravel operation, consisting of two 
parcels, one having approximately twelve acres, being shown on a plan entitled "Plan of Columbia Park, 
North Chelmsford, surveyed for Patrick T. McMahon,"dated July 1902, recorded with the Middlesex North 
Registry of Deeds, Book of Plans 19, Plan 40, and also shown in Book of Plans 68, Plan 46, and the other 
having approximately 46,590 square feet, being shown on a plan entitled Plan of Land in Chelmsford, 
Mass. belonging to Gertrude M. Fallon," dated June 26, 1964, recorded with said Deeds in Plan Book 100, 
Plan 104 A, described in the deed recorded with said Deeds in Book 5004, Page 240, for general municipal 
purposes, and for such purpose to appropriate by borrowing from the seller of said land the amount of 
$250,000, to be paid over ten years in equal annual payments of $25,000.00. 

The Town Manager explained that the Town leases a portion of this land. It's about a total of 14 acre 
parcel. It is assessed at $10,000. because it is land locked. The current lease is a ten year lease and the 
Town pays $20,000.00 per year. The Town has removed approximately 45,000 cubic yards of sand from 
the property which is worth approximately $400,000. The current ten year lease will cost the Town 
$200,000, so it is well worth it. There is probably 50,000 yards left on the entire property. So all in all 
combined the Town would have thirty years worth of sand. By purchasing the property the Town could use 
it for municipal purposes. The present plan would be for recreational use of ball fields. No interest will be 
paid. It would be Town owned property so there would not be any trucking costs involved. Presently the 
sand is removed from the property and trucked into the DPW yard next door. James Doukszewicz asked if 
this sand could be sold to other municipalities? If so would it require a Town Meeting vote? Haven't 
looked into selling the sand, at this time, however it could be a future consideration. The Selectmen could 
sell the sand but not the land without a Town Meeting vote. The Moderator asked for the Finance 
committee's recommendation. The Finance Committee recommended the article. The Board of Selectmen 
recommended the article. Discussion followed. 

George Merrill expressed concerns of the acquifer area which is the source of the North Chelmsford Water 
supply. This parcel is in the acquifer area. Any type of development on it could effect the water supply. 
He urged to remove only the sand but not to built any thing on it. John Wilder expressed concerns for the 
purchase price vs the assessed value. The Town Manager explained that the process to remove sand is an 
expensive one and anyone could do it and sell the sand, however it may not be worth going through the 
process unless it was the intention to use the sand directly, which is why it's a good buy for the Town. 
Brian Latina questioned if this article passed would the Town drop the lease. No, the Town couldn't 
because it is a signed agreement to lease the portion of land for a full ten years. This would allow the Town 
to start the necessary process to enable the purchase to be complete by the time the lease ran out on the 
other portion. John Emerson moved the question. The Moderator asked for a show of hands on the motion 
to stop debate. Motion carried, unanimously. The Moderator asked for a show of hands on the article. 
Motion carried, by the Moderator 

recognizing the 2/3 's rule. 

The Moderator declared that there was no further business at hand concerning the Special Town Meeting, 
so he declared the meeting adjourned at 9:30 PM. 



Dennis E. McHugh, Moderator Mary E. St.Hilaire, Town Clerk 

He then commenced to take up the Adjourned Annual Town Meeting at 9:30 PM. 



63 



UNDER ARTICLE 2. The Moderator explained that he was going to read the total figure of each 
department. Some of the figures in the book where incorrect and he would read the figures from the 
motion presented to him by the Town Manager. The viewgraph reflected the correct figures. He read the 
Municipal Administration figures, then he read the School Department figure of $32,860,000. Judith 
Mallette, Chairman of the School Committee moved in increase the figure to read $32,999,078. Which was 
an increase of $139,078. This increased figure was to be used for future classroom increase and it also 
reflected a $70,000. contingency fund. The Finance Committee and the Board of Selectmen were against 
the motion to amend. Barry Balan questioned why the School Committee can't work with the figure that 
the Town Manager has given them? The Committee wanted to be prepared for the potential 
overcrowding situation $70,000. of the money will be returned if it is not used. A discussion took place. 
Brian Latina polled the School Committee for their individual vote on the amendment: 

Those in favor: J. Mallette, M. Franz, M. Griffin. Those against: T. Volpe and E. Thoren. George Merrill 
spoke against the motion to amend. William Curry of the Finance Committee explained that the other 
departments live within their budgets and the School Committee should also. Claire Jeannotte futher 
explained that the Finance Committee is not against the School budget or education, but the Finance 
Committee must look at the overall budget that includes all departments, not just the School and the 
percentage of increases the School has received compared to the other departments. Bernard Lynch 
explained that since 1994 the School side of the budget has increased 34% and the Town side has 
increased 21%, he asked for fairness.. Barry Balan moved the question to stop debate. The Moderator 
asked for a show of hands, motion carried, unanimously. He then asked for a show of hands on the motion 
to amend, motion defeated. The Moderator then read the following Departmental budget figures and asked 
for discussion after each, hearing none he continued to read. Beginning with the Nashoba Technical High 
School assessment figure of $762,342. The total Public Safety figure of $7,487,419. The total Public Works 
figure of $4,916,236. The total Sewer Commission figure of $20,000. The total Cemetery Department 
figure of $233,950. The total Community Services figure of $628,209. The total Library Department figure 
of $1,010,093. The Undistributed expenses figure of $5,673,101. And the total figure for Debt and Interest 
of $6,964,081. Dennis Ready moved the question to stop debate. The Moderator asked for a show of 
hands, motion carried, unanimously. He then asked for a show of hands on the total budget figure of 
$61,284,1 13. motion carried The article reads as follows: 

.Selectman William Dalton moved that the Town vote to raise and appropriate the sum of $61,284,1 13. to 
defray Town charges for the fiscal period July 1, 1998 to June 30, 1999 according to the following line 
items: 



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Municipal Administration 

Personnel Services $1,155,701 

Expenses $ 548,781 

Chelmsford School Department $ 32,860,000 
Nashoba Technical High School 

Assessment $ 762,342 
Public Safety 

Personnel Services $ 6,847,970 

Expense $ 639,449 
Public Works 

Personnel Services $1,437,790 

Expense $ 3,478,446 

Offset Receipt ($ 975,800) 

TOTAL $ 3,940,436 
Sewer Commission 

Expense $ 20,000 
Cemetery Department 

Personnel Services $ 199,375 

Expense $ 34,575 
Community Services 

Personnel Services $436,551 

Expense $ 191,658 
Library 

Personnel Services $ 771,146 

Expense $ 238,947 

Undistributed Expenses $ 5,673,101 
Debt and Interest 

Principal $ 5,336,194 

Interest $ 1,627,887 

UNDER ARTICLE 3, Town Manager Bernard Lynch moved that the Town vote to transfer $2,000 from 
Conservation fees under Wetlands Special Revenue Fund to reduce the Conservation Commission Budget 
Fiscal Year 1999. 

The Town Manager explained that this is a yearly article. The Finance Committee recommended the 
article. The Board of Selectmen recommended the article. The Moderator asked for a show of hands, 
motion carried. 



UNDER ARTICLE 4. Town Manager Bernard Lynch moved that the Town vote to transfer the sum of 
$1,530,000 from Sewer Betterments, Special Revenue, to reduce the exempt portion of debt and interest in 
the Fiscal Year 1999 Budget. 

The Town Manager explained that this was a standard article of the Sewer Commission. The betterment 
money is used to offset the cost of the sewer project. The Finance Committee recommended the article. 
The Board of Selectmen recommended the article. The Moderator asked for a show of hands, motion 
carried, unanimously. 



UNDER ARTICLE 5. Town Manager Bernard Lynch moved that the Town vote to transfer the sum of 
$265,049 from Sewer Rate Relief Funds, Special Revenue, to reduce the exempt portion of debt and 
interest in the Fiscal Year 1999 Budget 

The Finance Committee recommended the article. The Board of Selectmen recommended the article. The 
Moderator asked for a show of hands, motion carried, unanimously. 



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UNDER ARTICLE 6, Town Manager Bernard Lynch moved that the Town vote to raise and appropriate 

the sum of $ 150,000.00 to be used as a Reserve Fund at the discretion of the Finance 
Committee, as provided in General Laws Chapter 40, Section 6. 

The Finance Committee recommended the article. The Board of Selectmen recommended the article. The 
Moderator asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 7. Town Manager Bernard Lynch moved that the Town vote to appropriate the sum of 
$1,350,000 for the following capital projects: 



Department 


Project 


Cemetery 


Pick-up Truck 


Fire 


Pick-up Truck/Plow 




Station Roof Repair 




Engine Refurbishment 


Library 


Computer Upgrade 


Police 


Cruiser Replacement 


Police/Fire 


Rescue Boat/Trailer 


DPW 


Drainage Projects 




Road Maintenance 




Dump Truck/Sander 




Street Sweeper 




Sidewalk Tractor 


Elder Services 


Steamer 


School 


Telecommunications 




Microscopes 




One Ton Dump Truck 




Academic Technology 




Administrative Technology 



$25,000.00 
$25,000.00 
$15,000.00 
$40,000.00 
$75,000.00 

$130,000.00 
$20,000.00 

$100,000.00 

$100,000.00 
$90,000.00 
$90,000.00 
$60,000.00 
$15,000.00 

$185,000.00 
$30,000.00 
$26,000.00 

$260,000.00 
$64,000.00 



Total 



$1,350,000.00 



and to authorize the Treasurer, with the approval of the Board of Selectmen, to borrow $1,350,000.00 
under Massachusetts General Laws Chapter 44, Sections 7 and 8 or any other enabling authority. 

The Town Manager explained the article. A discussion followed. The Finance Committee recommended 
the article. The Board of Selectmen recommended the article. Barry Balan moved the question to stop 
debate. The Moderator asked for a show of hands, motion carried, by the Moderator recognizing the 2/3 's 
rule. The Moderator asked for a show of hands on the article. The motion carried, by the Moderator 
recognizing the 2/3 's rule. 



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UNDER ARTICLE 8. Cemetery Superintendent John Sousa moved that the Town vote to transfer the sum 
of $24,000.00 from the sale of the graves and lots to the Cemetery Improvement and Development Fund. 

The Finance Committee recommended the article. The Board of Selectmen recommended the article. The 
Moderator asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 9. Town Manager Bernard Lynch moved that the Town vote to raise and appropriate 

the sum of $19,000 to engage a private accounting firm to prepare an audit of all accounts in all 
departments in the Town of Chelmsford. 

The Finance Committee recommended the article. The Board of Selectmen recommended the article. The 
Moderator asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 10. Town Manager Bernard Lynch moved that the Town vote to raise and appropriate 
the sum of $20,000 for the purpose of funding the sand lease approved by the Town under Article 12 of the 
1989 Annual Town Meeting. 

The Finance Committee recommended the article. The Board of Selectmen recommended the article. The 
Moderator asked for a show of hands, motion carried, unanimously. 

Robert Joyce moved to adjourned the Town Meeting until Thursday April 30, 1998, 7:30 PM at the Senior 
Center. The Moderator asked for a show of hands, motion carried, unanimously. 

The meeting adjourned at 1 1 :00 PM. 



Dennis E. McHugh, Moderator 



Mary E. St.Hilaire, Town Clerk 



Adjourned Annual Town Meeting April 30, 1998 



The Adjourned Annual Town Meeting was called to order at 7:45 PM at the Senior Center, by the 
Moderator Dennis McHugh, who recognized the presence of a quorum. There were 150 Town Meeting 
Representatives present. The Moderator made a public announcement concerning the upcoming CHS 
musical, P.T. Barnum. Tickets are available for May 7th, 8th and 9th shows. 



UNDER ARTICLE 11. Town Manager Bernard Lynch moved that the Town vote to appropriate the sum 
of $ 4,890,000, for the purpose of designing and constructing a police station at the site of the existing 
police station at 230 North Road including original equipment and furnishings related thereto; that to meet 
this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $ 
4,890,000 under General Laws Chapter 44, Section 7; and that the Town Manager is authorized to take any 
other action to carry out this project. 



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Town Manager Bernard Lynch, explained that the money for this project is included in his long term five 
year financial plan. The existing building is 7.500 sq feet in size and was built in the mid 60's. It is too 
small to accommodate the size of the community that Chelmsford has become. The designed proposal is 
the right size building and the most efficient. He then asked the Moderator to allow Mark Weisman and 
Jeff McElravy, Architects of the firm Kaestle Boos Associates, to speak and make a presentation to the 
Body. The Moderator asked for a show of hands, motion carried. The architects gave a 3-D presentation 
showing the layout of the proposed building. There would be an area set aside for the public for non 
criminal activities that needed assistance, such as children fingerprinting ID's etc. A private area for 
victims of crimes to be interviewed in. A much needed training area. Storage area, plus a secure record 
keeping area. A area and entrance where criminals are held but not accessible to the public view. The 
upstairs would hold the administration offices. It will be built on the present site. The estimated cost of 
the building is $4.9 million which includes a ten percent contingency to accommodate higher than 
expected bids. Also a three percent inflation contingency has been built into the figure. Mark Weisman 
explained that the project should go out for bid by November, ground breaking in March of 1999. It 
should take about fourteen months to complete. David McLachlan asked if there is any plan for combining 
the Public Safety Departments all into one building. The Town Manager said no. This site will be strictly 
for Police use only. It has been found that it's more efficient to have two separate departments. Robert 
Hall asked if the alternate housing cost was part of the article. The Manager said it was, however, a 
location hasn't been chosen as of yet. Probably begin moving in February or March of 1999. George 
Merrill questioned why the New Lighthouse School could be built for less money and provide more space 
than this project. The Architects explained that the difference in space requirement alone is much 
different. Also the cost and need for different type of security. Brian Latina questioned if there was an 
alternate back up plan? Selectman Philip Eliopoulos who was a member of the committee, explained that 
the original project figure was $5.9 million. The plan was scaled down to the present figures. John Wilder 
questioned if there would be any State or Federal grant monies available for the project. The Manager 
explained that this is an area when grant money is unobtainable. No grants are allowed for public safety 
buildings. The Finance Committee and the Board of Selectmen supported the article. John Wilder 
expressed concern over the cost. The Town Manager said that this is the purpose of the five year plan, to 
show how the expenses will be dealt with. He felt that this project and others can be handled. Dennis 
Ready spoke in favor, felt that the project was long over due. It was a well thought out and well planned 
project. The Moderator asked for a show of hands on the article. The motion carried, by the Moderator 
recognizing the 2/3 's rule. 



UNDER ARTICLE 12. Town Manager Bernard Lynch moved that the Town vote to raise and appropriate 
the sum of $20,000.00 to provide Senior Citizen Real Estate Tax Payment Vouchers for services rendered, 
pursuant to an agreement services rendered, pursuant to an agreement by the Town Manager. 

The Town Manager explained that this is a standard yearly article. This year in order to improve and 
expand the program and make it available to more people the amount has been increased. The Finance 
Committee recommended the article. The Board of Selectmen recommended the article. The Moderator 
asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 13. The Town Manager moved to withdraw this article seeing that there are no bills 
from the previous year. The Moderator asked for a show of hands, motion carried, unanimously. The 
article read as follows: 

That the Town vote to raise and appropriate or transfer from available funds, with which to meet bills from 
previous year. 



UNDER ARTICLE 14. Town Manager Bernard Lynch moved that the Town vote to raise and appropriate 
the sum of $10,000 to the Community Action Program established under Article 12 of the April 29, 1996 
Annual Town Meeting in order to provide matching funds to community improvement projects by 
individuals and/or organizations within the Town of Chelmsford. 



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The Town Manager explained that this program was started a few years ago. No funding was done in 1996 
or 1997. Money is used to encourage neighborhoods to improve their area. He listed the accomplishments. 
The Friendship Park at the former East School site. Southwell Field used money to purchase benches. The 
Finance Committee recommended the article. The Board of Selectmen recommended the article. The 
Moderator asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 15. Selectman William Dalton moved to amend the article by deleting the last 
sentence of the article "and to vote to borrow a certain sum of money to defray all necessary costs,, fees, 
and expenses in connection with the acquisition of said land and for paying any damages which may be 
awarded as the result of any such taking". The Finance and the Board of Selectmen were in favor of the 
motion to amend. The Moderator asked for a show of hands on the motion to amend. Motion carried. The 
Moderator asked for a show of hands on the article as amended, motion carried, unanimously. The article 
reads as follows: 

Chairman of the Sewer Commission John Emerson Jr. moved that the Town vote to authorize the Board of 
Selectmen and the Sewer Commissioners to acquire any and all temporary and/or permanent easements, 
and any property in fee simple with buildings and trees thereon by purchase, eminent domain, or otherwise, 
for the property located in the Town of Chelmsford, Massachusetts, and further described and shown on a 
set of plans entitled "Plan of Sewer Easements in Chelmsford, Massachusetts Phase IIIC Sewers dated 
April, 1998, prepared for the Chelmsford Sewer Commission by Richard F. Kaminski & Associates, Inc.", 
and "Plan of Access Easement in Chelmsford, Massachusetts" Hart Pond Area Phase IIIC Sewers dated 
April 1, 1998 prepared for the Chelmsford Sewer Commission by Richard F. Kaminski and Associates, 
Inc., copies of which are on file in the office of the Town Engineer and are incorporated herein by 
reference, for the purpose of constructing and maintaining sewers, pumping stations, and all other 
appurtenances thereto. 



UNDER ARTICLE 16. Town Manager Bernard Lynch moved that the article be withdrawn. The Finance 
Committee was in favor of the withdrawing of the article. The Moderator asked for a show of hands, 
motion carried, unanimously. The article read as follows: 

That the Town vote to authorize a revolving fund under Massachusetts General Law C. 44, S. 53E 14 for the 
Department of Public Works for Fiscal Year 1999. The receipts to be credited to the fund shall be from the 
collection of fees and incidental expenses from the full time inspector assigned to each trench opening or 
excavation site as assigned by the Highway Superintendent. The Public Works Department shall be 
authorized to spend money from the fund for the purpose of paying the expenses relative to inspections 
necessary for implementing the full time trench opening or excavation inspection program. Expenditures 
from the trench opening or excavation inspection program shall be limited to $ 25,000 during Fiscal Year 
1999. 



UNDER ARTICLE 17. Selectman William Dalton moved that the Town vote to accept the following 
mentioned streets, as laid out by the Board of Selectmen and shown by their reports duly filed in the office 
of the Town Clerk: 

Strobel Lane 

Rosemary Lane 

Wells Fargo Road 

Hollow Ridge Road 

Trailside Drive 

Hillside Lane 



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Providing all the construction of the same meets with the requirements of the Board of Selectmen, and 
subject to the withholding of any remaining bonds until such requirements have been met; and to see if the 
Town will vote to authorize the Board of Selectmen to acquire any and all temporary and/or permanent 
easements, and any property in fee simple, with trees thereon, by purchase, eminent domain, or otherwise, 
for the purpose of securing traffic safety and road improvements, and to raise and appropriate $ 6.00 to 
defray all necessary costs, fees and expenses in connection with the acquisition of said land and for paying 
any damages which may be awarded as a result of any such taking; and to authorize the Board of Selectmen 
to negotiate and execute all necessary and proper contracts and agreements thereto. 

The Finance Committee recommended the article. The Board of Selectmen recommended the article. The 
Moderator asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 18. Town Manager Bernard Lynch moved that the Town vote to authorize a 

revolving fund under Massachusetts General Laws C. 44, S. 53E 'A for the Council on Aging for Fiscal 
Year 1999. The receipts to be credited to the fund shall be from the collection of fees from the 
implementation of a Senior Trip program. The Council on Aging shall be authorized to spend money from 
the fund for the purpose of providing transportation necessary for implementing a Senior Trip program. 
Expenditures from the Senior Trip program revolving fund shall be limited to $ 300,000 during Fiscal Year 
1999. 

The Town Manager explained that this is a requirement by the State that a vote be taken and that the 
revolving account is approved each year. This account was started last year. It is zero cost to the Town, he 
asked for approval. The Finance Committee recommended the article. The Board of Selectmen 
recommended the article. The Moderator asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 19. Selectman William Dalton moved that the Town vote to transfer the care, custody, 
management, and control of the following described parcel of land to the Board of Selectmen to be held for 
the purpose of conveyance and to authorize the Board of Selectmen to convey in accordance with 
Massachusetts General Law, Chapter 30B, for consideration to be determined, all right, title, and interest, if 
any, held by the Town in a certain parcel of land on Middlesex Street, shown as Lot 1 1 shown on 
Assessor's Map 17, containing 4,361 square feet more or less, and more fully described in a deed recorded 
in the Middlesex North Registry of Deeds in Book 05059, Page 0317. 

The Town Manager explained that the Town took this property for back taxes, and want to sell it to the 
highest bidder. The Finance Committee recommended the article. The Board of Selectmen recommended 
the article. The Moderator asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 20. Selectman William Dalton moved that the Town vote to authorize the Board of 
Selectmen to abandon and release to Troop 45, Boy Scouts of America, with respect to the land shown on 
Assessors Map 42, Lot 2, the restriction and right of reverter set out in a deed from the Town to Troop 45, 
Boy Scouts of America, dated July 31, 1947, recorded with the Middlesex North Registry of Deeds in Book 
1 084, Page 23 1 , for consideration of $ 1 .00 and on such other terms and conditions as the Selectmen may 
determine, which may include a grant of a restrictive covenant and easement to the Town with respect to 
other property of said Boy Scouts located at 60 Carlisle Street, and shown as Lot 35 on Assessors Map 
239, and to authorize the Board of Selectmen to accept a restrictive covenant and easement with respect to 
said other land. 



70 



The Town Manager explained that the property in question is six acres of land that is off Penni lane and 
abuts Route 3. In 1936 the Town of Chelmsford took the land for non payment of taxes. In 1947 the Town 
conveyed the land to the Boy Scouts. Within the deed there is wording of a reverter clause and restrictive 
date. The land can not be conveyed to anyone but the Town. Due to a new law the reverter has expired. 
According to Town Counsel, the Town can only act on the conveying of the property. The Boy Scouts 
appeared before the Board of Selectmen and said that they wanted to sell this property in order to repair the 
Council Headquarters located at the former East School on Carlisle St. The Board felt that the Body should 
vote on the issue of should the Town convey the rights to sell the property. He asked for the Moderator to 
allow Thomas Markham, of the Greater Lowell Council of Boy Scouts of America to address the Body 
with the proposal. The Moderator asked for a show of hands, motion carried. Thomas Markham came 
forward and made his presentation. He explained that the land was sold to the Scouts for $1.00 It was a 
forest area. Due to the surrounding area of the site becoming built up the site hasn't been used by the scouts 
for years. He felt that the sale of the land for the development of homes would be more beneficial to the 
Scouts. The property on Carlisle Street was in terrible shape. The money from the land sale would go 
towards putting siding on the outside along with new replacement windows, and repairing the bathrooms. 
Money would go into a long term endowment fund which will be created to help pay for annual cost of 
running the scouting program. Dennis Ready explained that he had appeared before the Board of 
Selectmen and asked if the Town would be interested as obtaining the land as open space. It could be used 
as an recreational area, which would make a big impact on the neighborhood. There was no direct interest 
at the time so he further pursued the issue to see if a private developer would be interested in the land. He 
felt that three or four homes would be a better solution for all. A number of questions were asked. John 
Wilder questioned if this would be a enforceable sale agreement? Christopher Garrahan question exactly 
when did troop 45 dissolved? Why did it come under the Council. Thomas Markham explained that the 
Council oversees the troop and when it dissolved the land came under the Council's jurisdiction. 
Residents in the area of the East School property asked questions. Gerald Pacht wanted to know what 
guarantee if any that the money would be spent on repairs to the building? Selectman Dalton said that if 
the article passed tonight, the Board would work with the Scouts to make sure repairs are done. Kathy 
Redican wanted to know when the entire building inside would be fixed? Thomas Markham said that fund 
raising would be done to compete future interior work. It all can't be done now. The Council's intention is 
to make a partnership with the Town as the building could be rented out during the day, which would 
provide revenue to the Scouts, or use a portion as a recreational center for the East Chelmsford residents. 
Roger Sumner asked when was the land used last. In the 1960's. Penni Lane resident Carol Bruell asked 
questions about the development. The Moderator asked for the Finance Committee recommendation. The 
Committee wanted to hear more debate. The Board of Selectmen want to hear more discussion. A lengthy 
discussion took place. Selectman Philip Eliopoulos explained that a yes vote would only allow the 
Selectmen to go forward and decide what would be in the best interest of the Town. Kit Harbison 
questioned if the Town could buy back the East School property, then rent it back to the Scouts. This idea 
hadn't been approached by either party as of yet. Glenn Thoren felt that the land when sold to the Scouts, 
was to be used as recreational use, either by the Scouts or the Town and just because the law has changed 
the original intent should be followed. A number of Representatives spoke against the article. Barbara 
Ward, William Spence, Roger Sumner, Jeff Stallard. Susan Gates spoke in favor of the article. Susan 
Carter, Chairman of the Planning Board said that the Planning Board was against any type of development 
of the land. Donna Ready spoke in favor of the article. She mentioned the numerous projects that had been 
completed by her sons and others for the good of the Town. She felt that it was time for the Town to help 
the Scouts. Frederick Marcks moved the question to stop any further debate. The Moderator asked for a 
show of hands, motion carried, by the Moderator recognizing the 2/3 's rule. The Moderator then asked for 
a show of hands on the article. Motion defeated. 



UNDER ARTICLE 2 1 . Selectman William Dalton moved that the Town vote to accept the provisions of 
Massachusetts General Laws, Chapter 59, Section 5J to provide phased property tax assessments for the 
substantial rehabilitation of owner-occupied residential property which is listed on the State Register of 
Historic Places. 



-71 



The Town Manager explained that this would allow the Town to adopt a new law that was passed by the 
State Legislation. When taxpayers who are owner-occupants of historic property make improvements to 
their property, the increased assessed value resulting from such rehabilitation shall be phased in one-fifth 
increments over a period of five years to the full assessed value of the property. Peggy Dunn said that the 
Historic District Commission was in favor of the article. Jeff Stallard of the Historic Commission 
questioned if this included endanger houses. No, only those on the State Registered list. Peggy Dunn said 
that at the moment there is only one eligible owner-property that this would be applied to. The Finance 
Committee recommended the article. The Board of Selectmen recommended the article. The Moderator 
asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 22. Land Use Coordinator Andrew Sheehan moved that the Town vote to amend the 
Zoning Bylaw, Town of Chelmsford, by deleting the definition of "Motel or Hotel" as it currently reads: 

Motel or hotel: a building or group of buildings providing accommodation for compensation on a transient 
basis, but not meeting the definition of "boarding house." Accommodations individually having a stove 
and either or both a refrigerator and sink shall be considered dwelling units. 

and replacing it with the following: 

Motel or hotel: a building or buildings intended and designed for transient, overnight or extended 
occupancy, divided into separate units within the same building with or without a public dining facility. If 
such hotel or motel has independent cooking facilities, such unit shall not be occupied by any guest for 
more than four (4) continuous months, nor may the guest reoccupy any unit within thirty (30) days of a 
four-month continuous stay, nor may the guest stay more than six (6) months in any calendar year. No 
occupant of such hotel or motel may claim residency at such location. 

Andrew Sheehan, Community Development coordinator explained that this would allow kitchen areas to be 
included in extended stay hotels. Presently this is not allowed. It is in surrounding communities. The by- 
law purposely does not allow a guest to occupy the hotel as a permanent address. It was asked who would 
enforce this by-law. The Building Inspector would be responsible. The Moderator asked for the Planning 
Board's recommendation. Chairman of the Planning Board, Susan Carter read the Board's 
recommendation: 

The Planning Board held a public hearing on April 8, 1998 on article 22, after advertising a legal notice in 
the Lowell Sun on March 23, 1998 and March 30, 1998, a minimum of 14 days before the hearing. A copy 
of the ad was sent to all abutting towns and the appropriate agencies, as required in the Massachusetts 
General Laws, Chapter 40A, Section 5. At the meeting on April 8, 1998 the proponents, residents and the 
Planning Board discussed the merits of this zoning by-law change. It is the opinion of the Planning Board 
that changing the zoning definition of "Motel or Hotel" will provide more clarity and will allow for the 
inclusion of extended stay hotels towards which the industry is turning. Therefore, in keeping with the 
general intent of the Zoning By-laws in the development of the community, the Planning Board voted 
unanimously (7-0) to recommend this change in the zoning definition of "Motel or Hotel". The Finance 
Committee recommended the article. The Board of Selectmen recommended the article. The Moderator 
asked for a show of hands, motion carried, by the Moderator recognizing the 2/3 's rule. 



UNDER ARTICLE 23. Selectman William Dalton moved that the Town vote to authorize the Board of 
Selectmen to acquire by gift for general municipal Services, on such terms and conditions as the Selectmen 
may determine, two parcels of land abutting Route 3, shown as Parcel F, containing 20,550 square feet, and 
Parcel G, containing 57,504 square feet, on a plan entitled "Plan of Land in Chelmsford, Mass. Owned by 
H. E. Fletcher Company,"dated August 7, 1985, recorded with the Middlesex North District Registry of 
Deeds at Plan Book 149, Plan 102. 



72- 



The Town Manager explained that there were sixty-six acres of land that the Town took last year. 
When the final deed was done these two parcels of land were discovered. It is the owner's wish to turned 
this over to the Town along with the sixty-six areas. The Finance Committee recommended the article. The 
Board of Selectmen recommended the article. The Moderator asked for a show of hands, motion carried, 
unanimously. 



UNDER ARTICLE 24. The Manager explained that this article had been already addressed under article 2 
of the Special Meeting of Monday night and moved to withdraw it. The Moderator asked for a show of 
hands, motion carried, unanimously. 

Seeing that there was no further business at hand, The Moderator declared the meeting adjourned sine die. 
The meeting adjourned at 10:30 PM. 



Dennis E. McHugh, Moderator 



Mary E. St.Hilaire, Town Clerk 



Warrant for State Primaries September 15, 1998 



William Francis Galvin, Secretary of the Commonwealth 
MIDDLESEX, SS 

To the Constable, or any other suitable person of the Town of Chelmsford 

Greetings: 

In the name of the Commonwealth aforesaid, you are hereby requested to notify and warn the legal voters 
of said Chelmsford to meet in their several polling places, VIZ 

Precinct 1 South Row Elementary School Cafetorium 

Precinct 2 Harrington Elementary School Gymnasium 

Precinct 3 Harrington Elementary School Gymnasium 

Precinct 4 Westlands School Cafetorium 

Precinct 5 Byam School Cafetorium 

Precinct 6 Westlands School Cafetorium 

Precinct 7 McCarthy Middle School, Small Gymnasium 

Precinct 8 McCarthy Middle School, Small Gymnasium 

Precinct 9 South Row Elementary School Cafetorium 



On Tuesday the 15 day of September 1998, being the first Tuesday in said month at 7:00 a.m. until 8:00 
p.m. for the following purposes. 

To cast their votes in the State Primary for the candidates of political parties for the following offices: 



GOVERNOR 
LT. GOVERNOR 
ATTORNEY GENERAL 



FOR THE COMMONEALTH 



-73- 



SECRETARY 

TREASURER 

AUDITOR 

REPRESENTATIVE IN CONGRESS 

COUNCILLOR 

SENATOR IN GENERAL COURT 

REPRESENTATIVE IN GENERAL COURT 

DISTRICT ATTORNEY 

SHERIFF 



5' Congressional District 

3 rd Councillor District 

5 th Middlesex Senatorial District 

1 6 Middlesex Representative district 

Northern District 

Middlesex County 



For complete warrant information see original documents on file in the Town Clerk's Office 



Democratic State Primary September 15,1998 



Governor 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


11 


8 


14 


9 


8 


8 


10 


19 


6 


93 


Brian J. Donnelly 


53 


33 


56 


47 


42 


50 


34 


27 


44 


386 


Scott Harshbarger 


144 


141 


185 


148 


168 


226 


153 


170 


163 


1498 


Patricia Mcgovern 


113 


106 


119 


113 


115 


161 


141 


148 


104 


1120 


Write-In 


5 


1 


1 








4 





1 





12 


Misc 
































Total 


326 


289 


375 


317 


333 


449 


338 


365 


317 


3109 


Lt Governor 


Prel 


Pre 2 


Pre 3 


Pre 4; 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


60 


57 


80 


45 


72 


84 


86 


81 


63 


628 


Dorothy A. Kelly Gay 


118 


98 


125 


109 


127 


141 


92 


128 


109 


1047 


Warren E. Tolman 


145 


131 


170 


163 


132 


222 


160 


154 


145 


1422 


Write-in 


3 


2 











2 





2 





9 


Misc 





1 








2 














3 


Total 


326 


289 


375 


317 


333 


449 


338 


365 


317 


3109 


Attornev General 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


16 


9 


17 


17 


13 


13 


14 


11 


10 


120 


Lois G. Pines 


142 


109 


148 


119 


157 


169 


127 


146 


126 


1243 


Thomas F. Reilly 


168 


169 


210 


181 


163 


267 


196 


207 


181 


1742 


Write-in 























1 





1 


Misc 





2 














1 








3 


Total 


326 


289 


375 


317 


333 


449 


338 


365 


317 


3109 


Secretary Of State 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


89 


79 


113 


80 


83 


122 


120 


98 


101 


885 


William Francis Galvin 


236 


208 


262 


237 


250 


326 


217 


266 


214 


2216 


Write-in 


1 


1 

















1 


1 


4 


Misc 





1 











1 


1 





1 


4 


Total 


326 


289 


375 


317 


333 


449 


338 


365 


317 


3109 



74- 



I Treasurer 


Prel 


Pre2! 


Pre 3 


Pre 4; 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre9i 


Total 


Blanks 


92 


86 


110 


82 


99 


139 


131 


114 


108 


961 


Shannon P. OTmen 


234 


202 


265 


235 


234 


309 


206 


249 


209 


2143 


Write-In 

















1 





1 





2 


Misc 





1 














1 


1 





3 


Total 


326 


289 


375 


317 


333 


449 


338 


365 


317 


3109 


■ Auditor 


Prel 


Pre2i 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


88 


78 


101 


78 


93 


125 


117 


95 


100 


875 


A. Joseph Denucci 


238 


210 


274 


239 


239 


323 


220 


269 


217 


2229 


Write-in 














1 








1 





2 


Misc 





1 











1 


1 








3 


Total 


326 


289 


375 


317 


333 


449 


338 


365 


317 


3109 


1 Representative Congress -5th 


Prel 


Pre 2i 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre? 


Pre 8 


Pre 9 


Total 


Blanks 


49 


38 


66 


60 


48 


77 


61 


59 


58 


516 


Martin T. Meehan 


277 


249 


309 


256 


284 


369 


276 


305 


257 


2582 


Write-in 





1 











1 





1 


2 


5 


Misc 





1 





1 


1 


2 


1 








6 


Total 


326 


289 


375 


317 


333 


449 


338 


365 


317 


3109 


1 Councillor - 3rd District 


Prel 


Pre2i 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


78 


52 


88 


44 


82 


90 


83 


84 


81 


682 


Ginny Allan 


25 


17 


11 


17 


29 


37 


18 


21 


21 


196 


Garrett J. Barry 


6 


8 


7 


12 


14 


11 


7 


10 


11 


86 


John W. Costello 


21 


14 


25 


25 


32 


19 


19 


25 


19 


199 


Marilyn Petitto Devaney 


19 


17 


27 


19 


18 


18 


12 


18 


20 


168 


Leonard H. Golder 


10 


7 


7 


10 


8 


5 


4 


3 


7 


61 


Howard I. Goldstein 


2 


9 


11 


8 


11 


10 


7 


11 


12 


81 


Ruth E. Nemzoff 


13 


17 


8 


7 


8 


22 


13 


10 


20 


118 


Francis Thomas "Frank" Talty 


152 


148 


191 


175 


131 


237 


175 


182 


126 


1517 


Write-in 























1 





1 


Misc 
































Total 


326 


289 


375 


317 


333 


449 


338 


365 


317 


3109 


1 Senator General Court-5th Mldsx 


Prel 


Pre 2! 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


81 


79 


102 


69 


76 


98 


86 


92 


84 


767 


Susan C. Fargo 


242 


208 


273 


248 


256 


350 


252 


272 


232 


2333 


Write-in 


3 


2 

















1 


1 


7 


Misc 














1 


1 











2 


Total 


326 


289 


375 


317 


333 


449 


338 


365 


317 


3109 


1 Representative In 




| 














1 




1 General Court-16th Mldsx 


Prel 


Pre2i 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9! 


Total 


Blanks 


75 


55 


84 


50 


89 


107 


109 


93 


94 


756 


William F. Dalton 


244 


230 


288 


265 


235 


328 


215 


267 


211 


2283 


Write-in 


7 


3 


3 


1 


7 


14 


14 


5 


11 


65 


Misc 





1 





1 


2 











1 


5 


Total 


326 


289 


375 


317 


333 


449 


338 


365 


317 


3109 


1 District Attornev - Northern Dist 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


46 


25 


46 


32 


33 


35 


41 


48 


37 


343 


Martha Coakley 


149 


151 


157 


134 


173 


225 


173 


166 


155 


1483 


Timothy R. Flaherty 


51 


59 


64 


66 


66 


77 


55 


62 


47 


547 


Michael A. Sullivan 


80 


54 


108 


85 


61 


112 


69 


88 


78 


735 


Write-in 























1 





1 


Total 


326 


289 


375 


317 


333 


449 


338 


365 


317 


3109 



75 



Sheriff - Middlesex Countv 


Prel 


Pre2j 


Pre 3 


Pre4J 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Tots 


Blanks 


41 


40 


52 


22 


45 


48 


51 


51 


45 


39 


James V. Dipaola 


149 


127 


160 


166 


135 


222 


163 


161 


153 


143 


Edward J. Kennedy, Jr. 


135 


121 


163 


129 


153 


179 


124 


153 


119 


127 


Write-in 


1 


1 

























Total 


326 


289 


375 


317 


333 


449 


338 


365 


317 


310 



Republican State Primary - September 15,1998 



Governor 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


3 


1 


4 


2 


5 


3 


1 


4 


2 


25 


Argeo Paul Cellucci 


137 


79 


130 


103 


127 


144 


142 


105 


141 


1108 


Joseph D. Malone 


95 


62 


88 


80 


92 


118 


106 


108 


124 


873 


Write-In 














2 











2 


4 


Misc 
































Total 


235 


142 


222 


185 


226 


265 


249 


217 


269 


2010 


Lt Governor 


Pre 1 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


17 


14 


26 


13 


26 


22 


30 


31 


17 


196 


Janet E. Jeghelian 


103 


70 


77 


78 


102 


130 


95 


111 


130 


896 


Jane Maria Swift 


115 


58 


118 


94 


98 


112 


123 


75 


120 


913 


Write-In 








1 

















2 


3 


Misc 

















1 


1 








2 


Total 


235 


142 


222 


185 


226 


265 


249 


217 


269 


2010 


Attorney General 


Pre 1 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


69 


37 


54 


47 


67 


66 


72 


58 


67 


537 


Brad Bailey 


165 


103 


168 


134 


159 


198 


174 


158 


196 


1455 


Write-in 


1 


2 





4 








3 


1 


5 


16 


Misc 

















1 








1 


2 


Total 


235 


142 


222 


185 


226 


265 


249 


217 


269 


2010 


Secretary Of State 


Pre 1 


Pre 2 


Pre 3: 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


87 


51 


75 


60 


81 


78 


94 


66 


93 


685 


Dale C. Jenkins, Jr 


148 


90 


147 


125 


145 


187 


154 


151 


175 


1322 


Write-In 





1 














1 





1 


3 


Misc 
































Total 


235 


142 


222 


185 


226 


265 


249 


217 


269 


2010 


Treasurer 


Pre 1 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


93 


53 


74 


61 


82 


79 


97 


69 


94 


702 


Robert A. Maginn 


142 


89 


147 


123 


144 


185 


151 


148 


174 


1303 


Write-in 




















1 





1 


2 


Misc 








1 


1 





1 











3 


Total 


235 


142 


222 


185 


226 


265 


249 


217 


269 


2010 


Auditor 


Pre 1 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pi^ 1 


Total 


Blanks 


90 


56 


72 


63 


81 


79 


95 


69 


88 


693 


Michael T. Duffy 


145 


86 


150 


122 


145 


185 


153 


148 


179 


1313 


Write-in 




















1 





2 


3 


Misc 

















1 











1 


Total 


235 


142 


222 


185 


226 


265 


249 


217 


269 


2010 



76 



Representative Congress -5th 


Pre 1 


Pre 2 


Pre3 ! 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 91 


Total ! 


Blanks 


85 


55 


72 


62 


80 


86 


98 


62 


88 


688 


David E. Coleman 


150 


86 


150 


123 


144 


177 


151 


155 


181 


1317 


Write-In 














2 


1 











3 


Misc 





1 











1 











2 


Total 


235 


142 


222 


185 


226 


265 


249 


217 


269 


2010 


Councillor - 3rd District 


Pre 1 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 91 


Total 


Blanks 


105 


63 


83 


68 


88 


90 


106 


72 


99 


774 


John Henry Dejong 


130 


79 


139 


117 


138 


174 


142 


145 


169 


1233 


Write-In 
































Misc 

















1 


1 





1 


3 


Total ____ 


235 


142 


222 


185 


226 


265 


249 


217 


269 


2010 


Senator General Court-5th Mldsx 


Pre 1 


Pre 2 


Pre3i 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9: 


Total 


Blanks 


78 


52 


70 


57 


77 


83 


91 


60 


83 


651 


Thomas F. Healy 


157 


89 


152 


128 


147 


182 


158 


157 


186 


1356 


Write-In 














1 














1 


Misc 





1 








1 














2 


Total 


235 


142 


222 


185 


226 


265 


249 


217 


269 


2010 


Representative In 






i 
















General Court-16th Mldsx 


Pre 1 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9- 


Total 


Blanks 


67 


43 


46 


64 


52 


66 


52 


54 


76 


520 


Carol C. Cleven 


156 


92 


171 


113 


165 


189 


195 


158 


187 


1426 


Write-in 


12 


4 


4 


5 


8 


8 


2 


5 


6 


54 


Misc 





3 


1 


3 


1 


2 











10 


Total 


235 


142 


222 


185 


226 


265 


249 


217 


269 


2010 


District Attorney - Northern Dist 


Pre 1 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9. 


Total 


Blanks 


93 


55 


76 


64 


91 


94 


101 


74 


92 


740 


Lee Johnson 


142 


86 


145 


120 


135 


170 


148 


143 


175 


1264 


Write-in 





1 


1 


1 





1 








2 


6 


Misc 
































Total 


235 


142 


222 


185 


226 


265 


249 


217 


269 


2010 


Sheriff - Middlesex County 


Pre 1 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


217 


132 


203 


164 


215 


240 


226 


196 


240 


1833 


Write-In 


18 


5 


7 


5 


6 


9 


9 


21 


11 


91 


Misc 





5 


12 


16 


5 


16 


14 





18 


86 


Total 


235 


142 


222 


185 


226 


265 


249 


217 


269 


2010 



Reform State Primary - September 15,1998 



Governor 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 














1 














1 


Write-In Brian Delhaney 








1 




















1 


Write-in Cellucci 





1 























1 


Misc 
































Total 





1 


1 





1 














3 


Lt Governor 


Pre 1 


Pre 2 


Pre 3' 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 1 


Total 


Blanks 





1 








1 














2 


Write-in D. Gay 








1 




















1 


Misc 
































Total 





1 


1 





1 














3 



-77- 



Attorney General 


Pre 1 


Pre 2 


Pre 3! 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 








1 





1 














2 


Write-In O'reilly 





1 























1 


Misc 
































Total 





1 


1 





1 














3 


Secretary Of State 


Pre 1 


Pre 2 


Pre 3' 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 





1 


1 





1 














3 


Write-in 
































Misc 
































Total 





1 


1 





1 














3 


Treasurer 


Pre 1 


Pre 2 


Pre 3; 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9! 


Total 


Blanks 





1 








1 














2 


Write-In Cohen 








1 




















1 


Misc 
































Total 





1 


1 





1 














3 


Auditor 


Pre 1 


Pre 2 


Pre 3! 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9! 


Total 


Blanks 





1 


1 





1 














3 


Write-in 
































Misc 
































Total 





1 


1 





1 














3 


Representative Congress -5th 


Pre 1 


Pre 2 


Pre3i 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 91 


Total 


Blanks 








1 




















1 


Write-in Dalton 





1 























1 


Write-in Carol Cleven 














1 














1 


Misc 
































Total 





1 


1 





1 














3 


Councillor - 3rd District 


Pre 1 


Pre 2 


Pre 3i 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9i 


Total 


Blanks 





1 


1 





1 














3 


Write-In 
































Misc 
































Total 





1 


1 





1 














3 


Senator General Court-5th Mldsx 


Pre 1 


Pre 2 


Pre 3; 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9! 


Total 


Blanks 





1 


1 





1 














3 


Write-in 
































Misc 
































Total 





1 


1 





1 














3 


Representative In 


General Court-16th Mldsx 


Pre 1 


Pre 2 


Pre 3! 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre9f 


Total 


Blanks 





1 


1 





1 














3 


Write-in 
































Misc 
































Total 





1 


1 





1 














3 


District Attorney - Northern Dist 


Pre 1 


Pre 2 


Pre 3! 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 91 


Total 


Blanks 





1 








1 














2 


Write-in Flarant 








1 




















1 


Misc 
































Total 





1 


1 





1 














3 


Sheriff - Middlesex County 


Pre 1 


Pre 2 


Pre 3: 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9! 


Total 


Blanks 





1 


1 





1 














3 


Write-In 
































Misc 
































Total 





1 


1 





1 














3 



78 



Warrant for Annual Town Meeting October 19, 1998 



MIDDLESEX, SS. 

To the Constable, or any other suitable person of the Town of Chelmsford. 

Greetings: 

In the name of the Commonwealth aforesaid, you are hereby requested to notify and warn the town 
Meeting Representatives of said Chelmsford to meet in Senior Center, Groton Road, North Chelmsford on 
Monday, the nineteenth of October, at 7:30 p.m. in the evening then and there to act upon the following 
articles, VIZ: 

For complete warrant information see original documents on file in the Town Clerk's Office. 



Annual Fall Town Meeting October 19, 1998 



The Annual Fall Town Meeting was called to order by the Moderator Dennis E. McHugh at the Senior 
Center at 7:35 PM There were 138 Town Meeting Representatives present. The Moderator pointed out the 
location of the fire exits and went over the voting procedures. 

Selectman William F. Dalton moved that the reading of the Constables return of the warrant be waived. 
Motion carried, unanimously. 



Selectman William F. Dalton moved that the reading of the entire warrant be waived, 
unanimously. 



Motion carried, 



UNDER ARTICLE 1 Selectman William F. Dalton moved that the Town vote to hear reports of the Town 
Officers and Committees. 

Evelyn Thoren, Chairman of the Arts Technology Education Fund explained that the Committee had been 
established at the Spring Town Meeting of 1996. All private contributions are anonymous. This year there 
has been two Corporate contributions and the Committee thanks them both, Lockhead/Martin gave $1000. 
and Process Corporation gave $500. So far there has been a total of $23,000 received in donations, and 
over $5,000 has been awarded. It had been requested that a brief report be given yearly concerning the 
awards. The Committee has given out four awards for the 1998-1999 school year: 

Christine Morassi (Westlands School), Music Supplies for Listening Resource Center, Brenda O'Brien 
(Byam), Grade 1 Hands-on Discovery Center, Sue Jamback (Chelmsford Public Charter School), Art 
Immersion Day, Dr Richard Hentz (McCarthy Middle School Council), McCarthy School Ethics Library. 
The applications will be available January 4, 1999 and deadline is March 31, 1999. The awards will be 
done in June of 1999. 

The Moderator asked if the Body accepted the report as presented, motion carried, unanimously. 



UNDER ARTICLE 2. Town Manager Bernard F. Lynch moved that the Town vote to appropriate from 
free cash $1,000,000 (one million) for the reduction of the tax rate. 

The Town Manager explained that this has become a standard practice of the Board of Selectmen and 
himself. Over the last six years free cash has been used to reduce the tax rate. A total of $3,138,072 in tax 
relief has been returned to the taxpayers. Free cash is used for items within a budget, such as tax relief, 
stabilization funds, one time capital costs. The year closed out with $2.7 million dollars in free cash. The 
amount used in this article will represent a savings of $60-$80 per household during this fiscal year. The 
Finance Committee recommended the article. The Board of Selectmen recommended the article. The 
Moderator asked for a show of hands, motion carried, unanimously. 



-79 



UNDER ARTICLE 3. Town Manager Bernard F. Lynch moved that the Town vote to transfer from Free 
Cash $750,000 to the Stabilization Fund. 

The Town Manager explained that this is part of the Financial plan as presented in the past. It is part of the 
overall formula used to fund present and future projects. The Finance Committee recommended the article. 
The Board of Selectmen recommended the article. The Moderator asked for a show of hands, motion 
carried, unanimously. 



UNDER ARTICLE 4. Town Manager Bernard F. Lynch moved that the Town vote to raise and appropriate 
$518,670 to the Stabilization Fund. 

The Finance Committee recommended the article. The Board of Selectmen recommended the article. The 
Moderator asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 5. Town Manager Bernard F. Lynch moved that the Town vote to raise and appropriate 
$7880. to pay bills of previous fiscal years. 

The Finance Committee recommended the article. The Board of Selectmen recommended the article. The 
Moderator asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 6. Town Manager Bernard F. Lynch moved that the Town vote to rescind Article 15 of 
the Fall Town Meeting of October 20, 1997 which established an Enterprise Fund in accordance with G.L. 
c.44, Section 53 F 'A for the operation of the Tully Forum. 

The Town Manager explained that this is a housekeeping article. The Town had assumed that it would get 
full ownership of the skating rink and run as a separate entity outside of the general funds through a 
enterprise fund. However, when the State Legislation was passed in the Spring a revolving fund was 
incorporated as part of the wording to be used for the next twenty years. Therefore the $200,000 which had 
been voted to fund the enterprise account had been rolled back into free cash at the close of FY 1998. There 
is no money in the account and the books need to be eliminated. There is a lease agreement with Facility 
Management Corporation who must provide a minimum of $50,000 to the Town each year for the right to 
operate the facility. They must also contribute $25000 to $30,000 for capital improvements. This facility 
will run much like the golf course. The Finance Committee recommended the article. The Board of 
Selectmen recommended the article. The Moderator asked for a show of hands, motion carried, 
unanimously. 



UNDER ARTICLE 7. Town Manager Bernard F. Lynch moved that the Town vote to transfer from Free 
Cash $94,979 to the School Department, said funding coming from Medicaid reimbursements. 

The Town Manager explained that this is money tracked down for reimbursement for cost of special 
education programs. The agreement in the past is that the School Department keeps track of the records. 
When reimbursement comes through, the money is transferred to their budget for school programs. . The 
Finance Committee recommended the article. The Board of Selectmen recommended the article. The 
Moderator asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 8. Town Manager Bernard F. Lynch moved that the Town vote to amend the Fiscal 
Year 1999 operating budget under Article 2 of the Annual Town Meeting held on April 27, 1998 as 
follows: 

Increase Line Item #2, Municipal Administration Expenses, by $40,000 

Increase Line Item #3, Chelmsford School Department, by $1 18,000 

Increase Line Item #8, Public Works Expenses, by $50,000 

Increase Line Item #12, Community Services Personnel Services, by $15,000 



-80 



And that the Town raise and appropriate $223,000 to defray such changes. 

The Town Manager explained that at each Fall Meeting an article is presented that reflects an adjustment to 
the budget. This is due to a better sense of the needs within the budget. He further explained that the 
$40,000 was needed to upgrade the Assessors software to make compatible to the year 2000. This is 
recommended by the Auditors and the Insurance Company. The $1 18,000 was the money needed by the 
School Department to fund increase enrollment. This amount was agreed to after justification of figures 
was presented. The $50,000 was for the construction of 38 additional parking spaces at Roberts Field. 
There is a potential safety hazard being created because of the lack of parking. Cars are parking on the 
street and at the Fire Station. This should be addressed now rather than later as a capital expenditure item. 
The $15,000 was for the Recreation Department. Presently there is one full-time and one part-time 
employee. This additional money would allow the part-time clerical to become full-time. Due to the future 
expansion of a youth center and the extensive programs being offered there is a need for this additional 
position. The Finance Committee recommended only the first two items. They did not recommend the 
parking lot and clerical money. The Board of Selectmen recommended the entire article. The Moderator 
asked for a show of hands, motion carried. 



UNDER ARTICLE 9. Selectman William F. Dalton moved that the Town vote to acquire by purchase, gift, 
eminent domain, or otherwise, the properties located in the Town of Chelmsford, Massachusetts, and 
further described and shown on a set of plans entitled "Chelmsford Center Project 05809, prepared by 
Vanasse Hangen Brustlin, Inc.," a copy of which is on file in the Office of the Town Engineer and is 
incorporated herein by reference, for the purpose of Central Square Improvements; and to vote to raise and 
appropriate $3,000 for said acquisitions. 

The Town Manager explained that there has been an on going study project to improve Central and Vinal 
Squares and Drum Hill area. This article is based on the results of a Committee that was formed a few 
years ago of residents, business owners and Town Officials to develop a plan of traffic improvements for 
Central Square. The cost of the improvements is $1.3 million dollars, which the Town received a grant for 
in that amount from the State. And an additional $600,000 grant from the Department of Transportation for 
beautification was received today. This will be used for brick type sidewalks, lamps. There are three areas 
that need to be addressed. The areas in front of the Fiske House, Texaco Gas Station/ Block Hotel need to 
be taken for road widening work.. And an area in front of the Unitarian Church for improved street parking. 
Hopefully these lands would be donated. They measure approximately 3-5 feet in width and run 20-30 feet 
long. 25% of the design work has been approved by the State. Now the next step is to go to the Historic 
District for fine tuning and imput. Overall it is a good plan and he asked the body to support it. Leslie 
Matthews questioned the time frame . The Manager explained that it should start a year from now and take 
approximately 12-15 months. The road work is minimal, most of the time involved will be due to the 
traffic lights installation. The Finance Committee recommended the article. The Board of Selectmen 
recommended the article. The Moderator asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 10. Selectman William F. Dalton moved that the Town vote to acquire by purchase, 
gift, eminent domain, or otherwise, a portion of a parcel owned by J.H. Realty Trust III, John M. Handley, 
Trustee, recorded with Middlesex North District Registry of Deeds, Book 7848, page 8, dated January 26, 
1996. 



81 



The Town Manager explained that this article and the next one are again part of the Central Square 
beautification plan. The site mentioned in this article is a good site for parking, according to the Town and 
the present property owner. The property owner is willing to donate the area to the Town and this will 
allow 35 parking spaces and a small park. The Town will build and maintain the area. Roger Sumner 
questioned who decided the amount of parking spots to be obtained. He felt that there were quite a few 
parking spaces in the Boston Road lot right down the street. The Town Manager said that there was a need 
for parking for the businesses and merchants directly in the Square area. A general lot. Also for future 
users of the bike path participants. John Wilder questioned if the wetlands and brook adjacent will be 
effected. The Manager said it would not. The Finance Committee recommended the article. The Board of 
Selectmen recommended the article. The Moderator asked for a show of hands, motion carried, 
unanimously. 



UNDER ARTICLE 1 1 . Selectman William F. Dalton moved that the Town vote to accept the provisions of 
Section 22E of M.G.L. Chapter 166 relative to the removal and replacement of facilities by the Town under 
a Cooperation Agreement with utility companies to facilitate the depression of overhead utilities in the 
Chelmsford Center area and further described and shown on a set of plans on file in the office of the Town 
Engineer and is incorporated herein by reference. 

The Town Manager explained that this idea had been before the Body a few years ago and had been turned 
down. The cost and the necessity played a major factor on why the project didn't pass. However, now it 
would be part of the plan for improving Central Square. This article would allow the Town to begin 
negotiations with the utility companies for burying their cables underground. The estimated cost is $4-5 
million dollars, this will be funded through the utilities, who will pass the costs onto the users based on the 
amount of electricity used. The average homeowner will pay roughly $2.00 a month for six to seven years. 
Businesses would be paying a much higher monthly fee because their usage is higher. The cables that run 
along the poles will only get bigger and heavier due to the increase in services. Now is the time to decide 
because the work will be incorporated along with the traffic improvement project for Central Square. The 
Town will bear the expense of the road work and Police details and paving. Frank Barre questioned if the 
cost will be $2.00 per utility? No just one monthly fee. Jeff Stallard questioned when Vinal Square would 
be upgraded. The Manager explained that within a couple of years this Square would be addressed. It's 
just to costly to do both. Jeff Stallard questioned if any effort had been made to see if any Historical grants 
were available. Yes, this is an option that is being looked into. Could this be offered by another cable TV 
company as a bargaining factor in order to obtain the Town's business? Yes it could. Glenn Thoren spoke 
in favor of the article and asked what type of design lighting would be used. The Manager explained that 
the street lamps style in Lowell would most likely be recommended, along with the most modern 
technology in cable. The Manager said that the surrounding towns Andover, Concord, Ayer, and 
Lexington successfully have done this project. Robert Hall questioned who would monitor the cost that 
the utility companies will charge. This will be written into the agreement. Kathy Howe questioned if these 
cables are buried will curb cuts be allowed along Chelmsford St? Yes it will. The Moderator asked for the 
recommendation of the article. The Finance Committee recommended the article. The Board of Selectmen 
voted unanimously to approve the article. Further discussion took place. 



82- 



Richard Allison wanted to know if a non-bindmg question could be placed on the Town ballot. John 
Georgio, Town Counsel said that there is a petition process allowed by Massachusetts General Law which 
would allow a question to be placed on the ballot as non-binding. Richard Allison felt that this process 
should be looked into, that way everyone could decide. John Wilder questioned the estimated cost formula. 
Dennis Ready spoke in favor of the article, citing that it is only going to get more expensive to do the 
longer the wait. Glenn Thoren said now is the time to do this while doing the traffic lights. Gerald Pacht 
spoke against the article, he felt that between satellite dishes and cellular towers the use of the cable lines 
will decrease. It's been proven that electricity cable is more efficient when kept above ground so why bury 
these cables? Jeffrey Brem urged the Body to vote in favor of the article. He researched and presented the 
plan back a few years ago and said there are still the same issues regardless of them, now is the time to bury 
them. George Merrill said that there was no comprehensive plan for this project and there should be. What 
guarantee would there be that this type of improvement would take place in the other parts of town? 
Everyone is paying for this section but it may never happen elsewhere. Leonard Richards moved the 
question. The Moderator asked if there was any need for further debate by way of a show of hands. The 
motion carried due to the Moderator recognizing the 2/3 's vote by-law. The Moderator asked for a show of 
hands on the main motion, motion carried. 



UNDER ARTICLE 12 . Selectman William F. Dalton moved that the Town vote to transfer the care, 
custody, management and control of the following described parcel of land to the Board of Selectmen to be 
held for the purpose of conveyance and to authorize the Board of Selectmen to convey in accordance with 
Massachusetts General Law, Chapter 30B, for consideration to be determined, all right, title, and interest, if 
any, held by the Town in a certain portion of a parcel of land shown as Lot 9 on Assessors Map 7, starting 
at a point on the southeasterly property line of the town-owned land approximately 115 feet from the line of 
Tyngsboro Road, then northwesterly approximately 5 feet, then northeasterly approximately 30 feet, then 
southeasterly approximately 5 feet to the property line. 

The Town Manager explained that this would allow the transfer of land to the current owners. . The 
Finance Committee recommended the article. The Board of Selectmen recommended the article. The 
Moderator asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 1 3 . Selectman William F. Dalton moved that the Town vote to authorize the Board of 
Selectmen to accept the gift of the following described parcel of land from John Burbuti and Florence T. 
Barbuti. The subject parcel is held by John Burbuti and Florence T. Barbuti as tenants by the entirety under 
a deed with quitclaim covenants duly recorded with Middlesex North District Registry of Deeds at Book 
1839, Page 355 and appears on a plan prepared by Bradford Saivetz and Associates Inc., Consulting 
Engineers, entitled "Modification, Old Stage Estates, Chelmsford, Mass." dated January 4, 1965, duly 
recorded with Middlesex North Registry of Deeds at Plan Book 101, Plan 110; said parcel is shown and 
identified in said plan as Lot 4186A, and contains 24,180 square feet of land more or less, according to said 
plan. 

The Town Manager explained that the current owner's of this land had gone to the Board of Appeals 
numerous times to try to obtain a variance and were unsuccessful. They are no longer interested in the land 
and do not want to pay any taxes on it. Eventually the Town will obtain the land due to non payment of 
real-estate taxes. There is a cost savings if the land is obtained now by the Town. In the future it could be 
used as a potential neighborhood park.. Wendy Marcks questioned if it's a buildable lot. It has a slope and 
is steep. . The Finance Committee recommended the article. The Board of Selectmen recommended the 
article. The Moderator asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 14. Town Manager Bernard F. Lynch moved to amend the vote taken under Article 1 1 
of the April 27, 1998 Town Meeting to relocate the proposed police station from its existing site at 230 
North Road to a portion of the McCarthy Middle School site on North Road and further more to transfer to 
the Board of Selectmen a portion of said site consisting of 3.5 acres more or less as depicted on a plan 
entitled "Police Station Site Assessment" prepared by Ross Associates on file in the Town Engineer's 
Office, to be held for general municipal purposes. 



■83- 



The Town Manager explained that this article is the result of looking at the site as a temporary location for 
the modular units that would house the Police Station while the renovation construction took place at the 
present building. It was more feasible to just keep the present building as is and build a new building for 
the same cost at this new site. A better building will be built which will offer a cellar for more storage and 
a better layout. An on site firing range will be made available. The entrance and exit will be designed so 
that there will be no interference to the McCarthy Middle School, overall it is a much better location 
choice. John Wilder questioned why the Study Committee didn't pick this location in the first place. The 
Manager explained that the architect firm hired only addressed the site that was given to them to evaluate 
and work with, which was the present Police station location. They had nothing to do with determining the 
location. He didn't realize that this site was available, so it wasn't recommended to the Committee for 
study. He admitted that a mistake had been made and now wanted to correct it before the project moves 
forward. Jack Fudge asked what would happen to the Drum Hill rotary? The Manager explained that 
eventually this will be eliminated and improvements made with the plans for widening route 3. The 
Manager explained that there will be no further costs. The Finance Committee recommended the article. 
The Board of Selectmen recommended the article. The Moderator asked for a show of hands, motion 
carried, unanimously. 

UNDER ARTICLE 15. Judith Mallette Chairman of the School Committee moved that the Town vote to 
raise and appropriate $80,000, to fund a Chelmsford Public Schools Facility Study, further described and 
shown on a set of plans entitled " District-wide School Facilities Study: Request for Proposals for 
Architectural and Engineering Services" a copy of which is located on file in the Office of the 
Superintendent of Schools. 

Superintendent of Schools Dr Richard Moser explained the article. It's main purpose was to come up with a 
plan that will show the future improvements that will be required within the next ten years for the present 
school buildings. The study includes, but is not limited to , structured and mechanical review of the 
existing buildings as well as long range enrollment projections and space planning for educational 
effectiveness. He showed the ages of the present schools in the system. The oldest is the McCarthy middle 
school built in 1959 and the newest is the High School built in 1972. He estimated that there will be many 
hours put forth in the study. The Committee will consist of two members of the School Committee, two 
members of the Board of Selectmen, two Finance Committee members, two Planning Representatives and 
the Town Manager. If this article is approved then immediately an architectural firm will be chosen through 
the bid process, which should take one month. The firm should start December 1 st and take three to five 
months He hopes that the findings will be completed and a report to the Body will be presented at the 
April 1999 Town Meeting. George Ripsom questioned if at that time it will be expected to vote a certain 
amount of monies for the improvements, if so that doesn't give much time for the Representatives to 
evaluate the need. No, the intent is to present a long range plan. James Doukszewicz asked if it will be 
part of the study to evaluate the administration offices location and needs. Yes, it will because their present 
location at the High School along with some preschool classes enter into the future space availability 
question of the High School classes. The Finance Committee was in favor of the article. The Board of 
Selectmen were in favor of the article. The Moderator asked for a show of hands, motion carried. 



UNDER ARTICLE 16. The Moderator read the article. I move that the Town vote to maintain grinder 
pumps for all single family homes in the Town of Chelmsford. 

The Moderator explained that no action will be taken because the petitioner had withdrawn this article after 
consulting with Town Counsel about the legal aspects involved. 

UNDER ARTICLE 17. Town Manager Bernard F. Lynch moved that the Town vote to authorize the 
revolving fund under Massachusetts General law c. 44, sec. 53E l A for the Board of Health for Fiscal Year 
1998. The receipts to be credited to the fund shall be from the collection of fees from the implementation 
of a Hepatitis B program. The Board of Health shall be authorized to spend money from the fund for the 
purpose of acquiring supplies and materials necessary for implementing a Hepatitis B program. 
Expenditures from the Hepatitis B Revolving Fund shall be limited to $7,500 during Fiscal Year 1998. 



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The Town Manger moved to amend the figure to read $3,500. He was advised by the Board of Health that 
this was the amount needed. The Finance Committee recommended the amended figure. The Board of 
Selectmen were in favor of the motion. The Moderator asked for a show of hands, motion carried to 
amend unanimously. The Moderator asked for a show of hands on the main motion as amended, motion 
carried, unanimously. 



UNDER ARTICLE 18. Selectman William F. Dalton moved that the Town vote to establish a special fund 
as provided in Chapter 59 of the Acts of 1998 for the purpose of celebrating the years 2000 and 2001. 

The Town Manager explained that this would allow the Town to set up a fund which will be used to receive 
gifts, donations and allow for sale of commemorative items with the proceeds being put back into the fund 
for celebrating the millenium. It was asked if this fund could be used for the future celebration of the 
Town's 350th birthday. Yes it can. The Finance Committee recommended the article. The Board of 
Selectmen recommended the article. The Moderator asked for a show of hands, motion carried, 
unanimously. 



UNDER ARTICLE 19. Selectman William F. Dalton moved that the Town vote to acquire by purchase, 
gift, eminent domain, or otherwise, property located in the Town of Chelmsford, Massachusetts, and further 
described and shown on a set of plans entitled "Exhibit A: Showing proposed taking for roadway purposes 
at 56 Concord Road, dated September 1998," a copy of which is on file in the Office of the Town Engineer 
and is incorporated herein by reference. 

The Town Manager explained that through an approved Planning Board project an offer was made by the 
Developer to improve the roadway conditions of this area. Due to the present road layout, speed is a major 
safety issue. The improvements would cut down the speed factor tremendously. Leslie Matthews 
questioned the layout. The Manager showed on the view graph the proposed new route the traffic would 
take on Hazen Rd prior to entering Concord Rd. The Finance Committee recommended the article. The 
Board of Selectmen recommended the article. The Moderator asked for a show of hands, motion carried, 
unanimously. 



UNDER ARTICLE 20. Selectman William F. Dalton moved that the Town vote to release a portion of a 
drainage easement located in the Town of Chelmsford, said portion totaling 150 square feet, more or less, 
and further described and shown on a set of plans entitled "Exhibit A: Showing easement area released at 
12 Charlemont Court, dated September 1998," a copy of which is on file in the Office of the Town 
Engineer and is incorporated herein by reference. 

The Town Manager explained the article. The Finance Committee recommended the article. The Board of 
Selectmen recommended the article. The Moderator asked for a show of hands, motion carried, 
unanimously. 



UNDER ARTICLE 2 1 . Sewer Commissioner John P. Emerson Jr. moved that the Town vote to authorize 
the Board of Selectmen and/or the Sewer Commissioners to acquire any and all temporary and/or 
permanent easements, and any property in fee simple with buildings and trees thereon by purchase, eminent 
domain, or otherwise, for the property located in the Town of Chelmsford, Massachusetts, and further 
described and shown on a set of plans entitled "Plan of Sewer Easement in Chelmsford, Massachusetts, 
Westview Avenue Phase IIIC Sewers" dated October 1998, prepared by Richard F. Kaminski & 
Associates, Inc., a copy of which is on file in the Office of the Town Engineer and is incorporated herein by 
reference, for purposes of constructing and maintaining sewers, pumping stations, and all other 
appurtenances thereto; and for paying any damages which may be awarded as the result of any such taking. 

John Emerson Jr. Chairman of the Sewer Commission explained that this article is a standard 
housekeeping article needed in order to continue the ongoing sewer project being done in the Town. The 
Finance Committee recommended the article. The Board of Selectmen recommended the article. The 
Moderator asked for a show of hands, motion carried, unanimously. 



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Selectman William Dalton moved that the Town Meeting adjourn until Thursday October 22, 1998 at 7:30 
PM at the Senior Center on Groton Road. The Finance Committee recommended the motion. The Board of 
Selectmen recommended the motion. The Moderator asked for a show of hands, motion carried, 
unanimously. The meeting adjourned at 10:10 PM. 



Dennis E. McHugh, Moderator 



Mary E. St.Hilaire, Town Clerk 



Adjourned Annual Fall Town Meeting October 22, 1998 



The Adjourned Annual Fall Town Meeting was called to order by the Moderator Dennis E. McHugh at the 
Senior Center at 7:40 PM There were 143 Town Meeting Representatives present. The Moderator stated 
that prior to beginning any action under article 22, he requested that Robert Morse come forward and 
present a summary addressing all the zoning articles at this time. 

Robert Morse, Chairman of the By-law Review Committee named the other members of the Board. Sue 
Carter, current Chairman of the Planning Board. Eileen Duffy of the Board of Appeals, Tracy Wallace- 
Cody, Planning Board member and Vice Chair of this Committee. And Andrew Sheehan, Community 
Developer, Land Use Co-ordinator. This Committee is the result of the Master Plan Implementation 
Comprehensive Plan, whose members had brought to the Body at prior meetings various articles 
concerning the improvement of the zoning by-law. The Committee has been working on this review since 
1997. Andrew Sheehan had applied for and received a $25,000. Municipal Incentive grant from the Mass 
Dept of Housing and Community Development in the fall of 1997. In December the Committee went out 
through the bid process and secured Attorney Mark Bobrowski as their consultant to the project. The 
Committee asked for imput from all the Town boards. Then in February through July of 1998 the 
Committee reviewed the By-law section by section with the consultant. A public hearing was held before 
the Planning Board on September 9 th and ran for three sessions. The result of this process is the complete 
re-codification of the zoning by-law which now complies fully with State law. It also has added new 
sections which address landscaping, erosion control, rear lot development and home occupation. There are 
no zoning boundary changes or no new types of zones. The zoning by-law is broken up into five articles 
and he cited the purpose of each. Article 22 reflects no substantial change to the by-law. Article 23 
complies with the State statues Article 24 moderately revises the by-law to meet Master Plan goals. 
Article 25 extensively revises the by-law to meet Master Plan goals. Article 26 address the new sections 
being proposed 

The Moderator explained that the Body needed to give permission for non-resident Attorney Mark 
Bobrowski, Consultant to the By-law Review Committee to speak. The Moderator asked for a show of 
hands, motion carried, unanimously. 

Robert Morse moved to take articles 27 and 28 out of order to consider them in advance of article 22. 

Andrew Sheehan explained that these articles presently exist in the zoning by-law and the Committee has 
been advised by their consultant Mark Bobrowski to place them in the general by-laws. No wording has 
been added or changed, only their location of reference. The Moderator asked for the Finance Committee's 
recommendation. The Finance Committee approved taking the two articles out of order. The Board of 
Selectmen recommended taking the two articles out of order. The Moderator asked for a show of hands, 
motion carried, unanimously. 



UNDER ARTICLE 27. Robert Morse of the Master Plan By-Law Review Committee moved that the Town 
vote to amend the General Bylaws, Article VII, Miscellaneous, by inserting a new Section 16, to read: 



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SECTION 16: SWIMMING POOLS 

Any constructed pool, located above or below the ground, whether portable or fixed, used or capable of 
being used for swimming, wading or bathing purposes and having a depth of at least two (2) feet and a 
capacity of at least two hundred (200) cubic feet in volume, shall be subject to the following requirements: 

Every outdoor swimming pool shall be completely surrounded at all times, whether or not filled with water, 
by a fence or wall not less than four (4) feet in height; unless the pool wall itself is four (4) feet or more 
above grade at all points. 

Every such fence, wall, door or gate shall be constructed as not to have openings, holes or gaps larger than 
two (2) inches in a horizontal dimension and four (4) inches in a vertical dimension or shall be otherwise 
designed, constructed and maintained to be non-climbable by small children. The wire sizes for all fences 
and doors fabricated with wire mesh shall not be less than No. 16 wire. The gates or door openings in the 
fence shall be at least of the same height and construction as the fence or wall and shall be equipped with a 
self-closing and self-latching device located at least four (4) feet above the underlying ground and 
inaccessible from the outside to small children. Every gate or door shall be kept locked at all times when 
the swimming pool enclosure is not in use. 

All ladders used to gain access to above ground pools shall be removed or placed so as not to allow 
entrance by small children when the pool is not in use. No permanent ladders may be attached to above 
ground pools on the outside unless the pool is surrounded by a separate fence as specified above. 

Andrew Sheehan explained that this already exists as section 4120 this just puts it into 

the General By-law. Questions were asked concerning the fencing material and purpose. The Moderator 
asked for the various recommendations. The Finance Committee said that they felt they had no expertise 
on the subject therefore they had no recommendation. The Board of Selectmen recommended the article. 
The Moderator asked for a show of hands, motion carried, unanimously. 



UNDER ARTICLE 28. Robert Morse of the Master Plan By-Law Review Committee moved that 
the Town vote to amend the General Bylaws, Article VII, Miscellaneous, by inserting a new Section 17, to 
read: 



SECTION 17 : WILLOW TREES 

Any willow tree found growing within fifty (50) feet of any portion of a town maintained drainage system, 
or within fifty (50) feet of any drainage easement, whether granted to the town by specific deed or included 
on a definitive plan submitted pursuant to the provisions of the subdivision control law, is hereby declared 
to be a nuisance, and it shall be unlawful to permit any such willow tree to grow or remain in any such 
location. It shall be the duty of the tree warden to serve, or cause to be served, notice upon the owner of any 
premises on which willow trees are permitted to grow in violation of the provisions of this section and 
demand abatement of this nuisance within thirty (30) days. 

Andrew Sheehan explained that this currently exists as a Zoning By-law. This would move the law to the 
General By-laws. If passed the only change will be who the enforces the by-law. Currently it is the 
Building Inspector. Once this is put into the General By-law then the Tree Warden will be the enforcer. 
The Moderator asked for questions, hearing none he asked for the recommendations. The Finance 
Committee had none. The Board of Selectmen recommended the article. The Moderator asked for a show 
of hands, motion carried, unanimously. 



UNDER ARTICLE 22. Barry Bell moved that the reading of the article be waived, motion carried, 
unanimously. Susan Carter Chairman of the Planning Board explained that the members of the Committee 
would go through the articles briefly. They would discuss and highlight the changes. They are fully 
prepare to answer any questions. They may use in some instances current projects, not doing this to 
single out anyone just to make it easier to understand. 



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Susan Carter explained that this article is strictly clarification that addresses Chelmsford's character. There 
are new parking requirements for multifamily housing. Home Occupations are being addressed. Allowing 
the permit expiration to be increased from one year to two years. Under Facilitated and Independent Living 
age restriction is being eliminated for Assisted Living. Units per acres for Facilitated Living is being 
increased and Senior or Elder age definition is being lowered from 62 to 60. Questions were asked by the 
Representatives concerning existing structures, parking, home occupations. It was explained that home 
occupations are not allowed without Board of Appeal approval. This change would allow some uses to be 
allowed by right. A person who has a business in the home and does not have the public coming to it 
would be allowed to conduct the business. If however, the public does go to the home then the business 
owner must get a special permit. The reasoning is that parking and traffic now become and issue which 
could be an impact on the neighborhood. George Merrill questioned the term by-law and regulations 
.Andrew Sheehan explained that these are the regulations of the By-law. The Moderator asked for the 
recommendations. The Finance Committee had none. The Board of Selectmen recommended the article. 
Susan Carter Chairman of the Planning Board gave the Board's recommendation. The Planning Board 
held a Public hearing on September 9, 1998 on Articles 22 to 26 after advertising a legal notice in the 
Lowell Sun on August 25, 1998 and September 1, 1998, a minimum of 14 days before the before the 
hearing. A copy of the ad was sent to all abutting towns and the appropriate agencies, as required in the 
Massachusetts General Law, Chapter 40A, Section 5. At the meetings on September 9' , 16 and 23 r , the 
proponents, residents and the Planning Board discussed the merits of these proposed zoning by-laws. It is 
the opinion of the Planning Board that the proposed zoning by-laws will provide more clarity, will comply 
with state statues and the Master Plan goals and will provide for the future development of the Town. 
Therefore, in keeping with the general intent of the zoning by-law in the development of the community, 
the Planning Board voted (5-1) to recommend the proposed zoning by-laws. 

George Merrill moved that the word "These regulations are" in Article 1 Purpose be changed to "This by- 
law is." 

The Finance Committee had no recommendation. The Board of Selectmen recommended the motion. The 
Moderator asked for a show of hands on the motion to amend. Motion carried. 

Robert Hall moved to refer to a committee of Town Meeting Representatives (one from each precinct) to be 
elected by precinct representatives at the end of Town Meeting. Said Committee to make recommendations 
to the Planning Board. 

The Finance Committee does not recommend the motion. The Board of Selectmen do not recommend the 
motion. William Curry asked Andrew Sheehan how many mailings were sent to the Town Meeting 
Representatives? Two separate mailings, the first on August 27 th How many attended the meetings? 
Approximately six at the first and one dozen at the second. William Curry felt that the article shouldn't be 
tabled. Sufficient notice was given. If the Representatives didn't attend the meetings or study the book 
that was available for the last ten days, why would the Body feel that they would study in the future? 
Elizabeth Marshall spoke against the motion. Peter Lawlor felt that these article have been well thought 
out and discussion ask that the motion be defeated. John Coppinger these people have worked diligently 
Worked dedicated for the past year, defeat the motion and vote for the article. The Moderator asked for a 
show of hands on the motion to send the article to Committee. Motion defeated. Kathy Howe spoke about 
the off street parking in residential areas. She felt that clarification should be made in order to exempt 
residential parking spaces on a residential home otherwise 90% of the homes will be considered illegal 
based on the by-law because the driveway or parking garage can be on a sideline. It needs to refer to certain 
zones and not all zones. Susan Carter said that this is not the intend. It is identical to the existing by-law. 
Kathy Howe moved to amend 3151 by adding the following sentence at the end of the section. This 
section shall not apply to single and two family residential uses. A discussion took place. George Ripsom 
spoke against the motion. Howard Hall spoke against the motion. The Moderator asked for a show of 
hands on the motion to amend. Motion defeated. The Moderator asked for a vote by way of a show of 
hands of the main motion as amended, he declared the motion carried, by recognizing the 2/3 's vote by- 
law. 

The article reads as follows: 

Robert Morse of the Master Plan By-Law Review Committee moved that the Town vote to amend the 
Chelmsford Zoning Bylaw by: 



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A. deleting existing Section 1100, regarding title, authority and purpose from the Zoning Bylaw and 
substituting therefor a new Article I; 



Article I. Purpose. 

This by-law is enacted to promote the general welfare of the Town of Chelmsford, to protect the health and 
safety of its inhabitants, to encourage the most appropriate use of land throughout the town, to preserve the 
cultural, historical and agricultural heritage of the community, to increase the amenities of the town, and to 
reduce the hazard from fire by regulating the location and use of buildings and the area of open space 
around them, all as authorized by the provisions of the Zoning Act, G.L. c. 40A, as amended, and by 
Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. 

Deleting existing Section 1300 regarding Board of Appeals and substituting therefor a new Section 5200; 

5200 BOARD OF APPEALS. 



5210. Establishment . The Board of Appeals shall consist of five (5) members and three (3) associate 
members, who shall be appointed by the Town Manager. 

5220. Powers . The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 
40B, and 41 of the General Laws and by this By-Law. The Board's powers are as follows: 

5221. To hear and decide applications for special permits. Unless otherwise specified herein, the Board of 
Appeals shall serve as the special permit granting authority, to act in all matters in accordance with the 
provisions of Section 5300, or as otherwise specified. 

5222. To hear and decide appeals or petitions for variances from the terms of this By-Law, with respect to 
particular land or structures, as set forth in G.L. c. 40A, s. 10. The Board of Appeals shall not grant use 
variances. 

5223. To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a 
permit or enforcement action from any administrative officer under the provisions of G.L. c. 40A, ss. 8 and 
15. 

5224. To hear and decide comprehensive permits for construction of low or moderate income housing by a 
public agency or limited dividend or nonprofit corporation, as set forth in G.L. c. 40B, ss. 20-23. 

Deleting existing Section 1600 regarding amendments to the Bylaw and substituting therefor a new Section 
5500; 

5500. AMENDMENTS. 

This By-Law may from time to time be changed by amendment, addition, or repeal by the Town Meeting 
in the manner provided in G.L. c. 40A, s.5, and any amendments thereto. 

Deleting existing Section 1800 regarding applicability and substituting therefor a new Section 5600; 

5600. APPLICABILITY. 

5610. Other Laws . Where the application of this By-Law imposes greater restrictions that those imposed 
by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of this 
By-Law shall control. 

5620. Conformance . Construction or operations under a Building Permit shall conform to any subsequent 
amendment of this By-Law unless the use or construction is commenced within a period of six months after 
the issuance of the permit, and in cases involving construction, unless such construction is continued 
through to completion as continuously and expeditiously as is reasonable. 

deleting existing Section 1900 regarding validity and substituting therefor a new Section 5700; 

5700. SEPARABILITY. 



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The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision 
herein. 

B. deleting existing Section 2100 regarding establishment of districts and substituting therefor a new 
Section 2100; 

2100. DISTRICTS. 

2110. Establishment . For the purposes of this By-Law, the Town of Chelmsford is hereby divided into the 
following districts: 

RA - Residential A District. These are the lowest density single-family residence districts. 

RB - Residential B District. These are low-density single-family residence districts. 

RC - Residential C District. These are medium-density general residence districts. 

RM - Residential Multifamily District. These are high-density residence districts. 

CA - Neighborhood Commercial District. These are commercial districts for neighborhood areas. 

CB - Roadside Commercial District. These are general commercial districts which are high traffic 
generators. Included are such uses as automotive repair, open lot sales, wholesale business, retail and 
offices and so on. 

CC - Shopping Center District. These are commercial districts designed to allow the clustering of stores, 
offices and so on around a central parking area. These are high traffic generators usually located on major 
roads. 

CD - General Commercial District. These are primarily retail, commercial offices, restaurants and 
entertainment commercial uses excluding repair, open lot sales, wholesale and storage uses. These uses are 
usually located along existing major traffic thoroughfares. 

CX - Adult Entertainment District. This is a commercial district created for adult entertainment 
establishments and other permitted uses as defined by this by-law. 

IA - Limited Industrial District. These are areas that are primarily used for office, research development, 
manufacturing and warehousing. 

IS - Special Industrial District. This district is suited for heavy industrial and storage. 

P - Public District. These are lands owned or leased by federal, state or municipal governments for 
governmental purposes. 

OS - Open Space District. These are privately owned lands used for open space. 

RMH - Residential Mobile Home District. This is a district for mobile homes. 

"Overlay" districts are also hereby created, as follows: CX, Aquifer Protection, Floodplain. 

2111. Official zoning map. The districts set forth above are shown on the official zoning map, which, 
together with all explanatory material thereon, is hereby adopted by reference and declared to be part of 
this by-law. The official zoning map shall be identified by the signature of the chairman of the Planning 
Board, and attested by the town clerk bearing the seal of the town. The official zoning map is included as 
originally dated May, 1963, and as most recently amended. 

2120. Rules for interpretation of zoning district boundaries . Where uncertainties exist as to the boundaries 
of districts as shown on the official zoning maps the following shall apply: 

2121. Where the boundary lines as shown upon said map as approximately following the street lines, of 
public and private ways or railways, the centerlines of such ways shall be the boundary lines. 

2122. Where the boundary lines are shown approximately on the location of property lot lines, and the 
exact location of property, lot or boundary lines is not indicated by means of dimensions shown in figures, 
then the property or lot lines shall be the boundary lines. 



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2123. Boundary lines located outside of street lines are shown approximately parallel thereto shall be 
regarded as parallel to such street lines, and dimensions shown in figures placed upon said map between 
such boundary lines and street lines are the distance in feet of such boundary lines from such street lines; 
such distances being measured at right angles to such street lines unless otherwise indicated. 

2124. In all cases which are not covered by other provisions of this section, the location of boundary lines 
shall be determined by the distance in feet, if given, from other lines upon said map, by the use of 
identifications as shown on the map, or by the scale of the map. 

2125. Where the district boundary line follows a stream, lake or other body of water, said boundary line 
shall be construed to be at the thread or channel of the stream; or at the limit of the jurisdiction of the Town 
of Chelmsford, unless otherwise indicated. 

2126. Where a district boundary line divides any lot existing at the time such line is adopted, the 
regulations of any district in which the lot has frontage on a street may be extended by special permit from 
the Board of Appeals not more than thirty (30) feet into the other district. 

2127. Where physical or cultural features existing on the ground are at variance with those shown on the 
official map, or in other circumstances not covered by the above subsections, the Board of Appeals shall 
interpret the district boundaries. 

Deleting existing Section 2510 regarding intensity of use related to buildings and substituting therefor a 
new Section 2310; 

2310. General . No structure shall be erected or used, premises used, or lot changed in size or shape except 
in conformity with the requirements of this section, unless exempted by this By-Law or by statute (see G.L. 
c. 40A, s.6). 

deleting existing Section 2520 regarding lot change and substituting therefor a new Section 23 1 1 ; 

2311. Lot change. No existing nonconforming lot shall be changed in size or shape except through a 
public land taking or donation for road widening, drainage, utility improvements or except where otherwise 
permitted herein, so as to increase the degree of nonconformity that presently exists. 

deleting existing Section 2540 regarding accessory buildings and substituting therefor a new Section 2330; 

2330. Accessory buildings . No accessory building or structure, except a permitted sign or roadside stand, 
shall be located within a required front yard area. A detached accessory building may be located in the rear 
yard areas and on the same lot as a principal building, provided that not more than twenty-five (25) percent 
of the required yard area shall be so occupied, and further provided that an accessory building shall not be 
located nearer than ten (10) feet from the principal building and at least ten (10) feet from any side or rear 
lot line. An accessory building attached to its principal building or within ten (10) feet of it shall be 
considered an integral part thereof and as such shall be subject to the front, side, and rear yard requirements 
applicable to the principal building. 

deleting existing Section 2550 regarding multiple principal buildings on a lot and substituting therefor a 
new Section 2340; 

2340. Multiple Principal Structures . Except in the residential districts, more than one principal 
nonresidential structure may be erected on a lot, pursuant to a special permit issued by the Planning Board 
in accordance with Section 5300 herein and the following conditions: 

2341. No principal building shall be located in relation to another principal building on the same lot, or on 
an adjacent lot, so as to cause danger from fire; 

2342. All principal buildings on the lot shall be served by access ways suitable for fire, police, and 
emergency vehicles; 

2343. All of the multiple principal buildings on the same lot shall be accessible via pedestrian walkways 
connected to the required parking for the premises, and to each principal building. 

deleting existing Section 2560 regarding conversion of dwelling units and substituting therefor a new 
Section 2350; 



91 



2350. Conversion of dwelling units . Alteration of a single-family dwelling existing at the time of adoption 
of this by-law (3/14/38), for occupancy by not more than two (2) families, is permitted, in accordance with 
section 2200 of this by-law, provided that the lot contains not less than fifteen thousand (15,000) square 
feet; that the exterior design of the structure is not changed from the character of a single-family dwelling; 
and provided further that at least six hundred (600) square feet of living space shall be provided for each 
resulting dwelling unit. 

deleting existing Section 2700 regarding the floodplain district and substituting therefor a new Section 
4300; 

4300. FLOODPLAIN DISTRICT. 

4310. Purpose . The purposes of this district are: 

(a) To provide the lands in the Town of Chelmsford subject to seasonal or periodic flooding as described 
hereinafter shall not be used for residence or other purposes in such manner as to endanger the health 
or safety of the occupants thereof. 

(b) To protect, preserve, and maintain the water table and water recharge areas within the town so as to 
preserve present and potential water supplies for the public health and safety of the residents of the 
Town of Chelmsford. 

(c) To assure the continuation of the natural flow of the water course(s) within the Town of Chelmsford 
in order to provide adequate and safe floodwater storage capacity to protect persons and property 
against the hazards of flood inundation. 

4320. Floodplain district and floodway district boundaries . The floodplain district and floodway district is 
herein established as an overlay district. The underlying permitted uses are allowed provided they meet the 
following additional requirements as well as those of the Massachusetts State Building Code dealing with 
construction in floodplains. The floodplain district and floodway district includes all special flood hazard 
areas designated on the National Flood Insurance Program, Flood Insurance Rate Map for the Town of 
Chelmsford, prepared by the U.S. Dept. of Housing and Urban Development, Community Panel Number 
250188 0005B-0015B dated June 4,1980 on file with the Town Clerk, Planning Board, Building Inspector 
and Conservation Commission. These maps as well as the accompanying Chelmsford flood insurance 
study, dated December, 1979, are incorporated herein by reference. 

4330. Base Flood Elevation and Floodway Data . 

4331. Floodway Data. In Zone A, A 1-30, and AE, along watercourses that have not had a regulatory 
floodway designated, the map entitled " Chelmsford Floodplain and Floodway District Map, 1980" 
prepared by O'Connell and Associates shall be used to prohibit encroachments in floodways which would 
result in any increase in flood levels within the community during the occurrence of the base flood 
discharge. This map is incorporated herein by reference. 

4332. Base Flood Elevation Data. 

Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots 
or 5 acres, whichever is the lesser, within unnumbered A zones. 

4340. Notification of Watercourse Alteration . 

Notify, in a riverine situation, the following of any alteration or relocation of a watercourse: 

a. Adjacent communities 

b. Bordering States 

c. NFIP State Coordinator 

Massachusetts Office of Water Resources 
100 Cambridge Street 
Boston, MA 02202 



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d. NFIP Program Specialist 

FEMA Region I, Room 462 

J. W. McCormack Post Office and Courthouse 

Boston, MA 02109 

4350. District use regulations . 

4351. The Floodplain District is established as an overlay district to all other districts. All development in 
the district, including structural and non- structural activities, whether permitted by right or by special 
permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with 
the following: 

a. Section of the Massachusetts State Building Code which addresses floodplain and coastal high 
hazard areas (currently 780 CMR 2102.0, " Flood Resistant Construction"); 

b. Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 
CMR 10.00); 

c. Inland Wetlands Restriction, DEP (currently 302 CMR 6.00); 

d. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 
CMR 15, Title 5); 

Any variances from the provisions and requirements of the above referenced state regulations may only be 
granted in accordance with the required variance procedures of these state regulations. 

4352. In the floodplain district no new building shall be erected or constructed and no existing structure 
shall be altered, enlarged or moved; no dumping, filling, or earth transfer or relocation shall be permitted; 
nor any land, building, or structure used for any purposes except: 

a. Conservation of water, plants, and wildlife. 

b. Outdoor recreation, including play areas, nature study, boating, fishing and hunting, where 
otherwise legally permitted, but excluding buildings and structures. 

c. Noncommercial signs (as permitted in the residential districts), wildlife management areas, foot, 
bicycle, and/or horse paths and bridges, provided that such uses do not affect the natural flow 
pattern of watercourses. 

d. Grazing and farming, including truck gardening and harvesting of crops. 

e. Forestry and nurseries. 

Floodwav Regulations . In the floodway, designated on the Chelmsford floodplain and floodway district 
map, the following provisions shall apply: 

4361. All encroachments including fill, new construction, substantial improvements to existing structures, 
and other development are prohibited unless certification by a registered professional engineer is provided 
by the applicant demonstrating that such encroachment shall not result in any increase in flood levels 
during the occurrence of the one- hundred-year flood. 

4362. Any encroachment meeting the above standard shall comply with the floodplain requirements of the 
state building code. 

4363. If a property owner questions the location of a floodplain or floodway district, the owner may 
engage at his own cost a registered licensed surveyor with the approval of the town engineer to determine if 
the land in question is within the floodplain or floodway district. The landowner shall be responsible for 
the cost for this determination. The Board of Appeals, in consultation with the Town Engineer, shall 
decide whether or not to accept the surveyor's determination. 

4364. No new building or portion thereof located within the 



93 



Floodplain District shall be allowed to connect to the municipal wastewater system or to a private 
wastewater system that discharges to the municipal wastewater system. 

4365. The portion of any lot within the area delineated in subsection 4320 above may be used to meet the 
area and yard requirements for the district or districts in which the remainder of the lot is situated. 

4370. Exemptions . In the floodplain district, the Board of Appeals may grant a special permit for 
exception for uses or structures in addition to those allowed under section 4350, subject to the following: 

a. The applicant has referred the request to the Planning Board, the Town Engineer, the Board of 
Health, and the Conservation Commission for review and recommendation as provided in Section 
1 1, Chapter 40A, M.G.L.; 

b. The land is shown to be neither subject to flooding nor unsuitable for the proposed use because of 
hydrologic and/or topographic conditions; 

c. The proposed use will not be detrimental to the public health, safety, and welfare; and 

d. The proposed use will comply in all respects to the provisions of the underlying district or districts 
within which the land is located; and, 

e. Any loss of floodplain or floodway shall be compensated for at a similar elevation within the same 
local watershed. 

C. deleting existing Section 3100 regarding off street parking and loading and substituting therefor a new 
Section 3100; 

3100. OFF-STREET PARKING AND LOADING. 

3110. General Parking Requirements . 

3111. Adequate off-street parking must be provided to service all parking demand created by the new 
structures, additions to existing structures, or changes of use. Existing buildings and uses need not comply 
unless expanded or otherwise changed to increase their parking needs. 

3112. In applying for building or occupancy permits, the applicant must demonstrate that the minimum 
parking requirements set forth below will be met for the new demand without counting existing parking 
necessary for pre-existing remaining uses. 

3113. Common parking areas may be permitted for the purpose of servicing two (2) or more principal uses 
on the same or separate lots, provided that: 

a. Evidence is submitted that parking is available within five hundred (500) feet of the premises, which 
lot satisfies the requirements of this by-law and has excess capacity during all or part of the day, which 
excess capacity shall be demonstrated by competent parking survey conducted by a traffic engineer 
registered in the Commonwealth of Massachusetts. 

b. A contract, agreement, or suitable legal instrument acceptable to Chelmsford's town counsel, shall be 
filed with the application for building permit, occupancy permit, or special permit for exception which 
shall specify the location of all spaces to be jointly used, the number of such spaces, the hours during 
the day that such parking shall be available, and the duration or limit, if any on such parking. 

c. Any reduction in area required for parking because of these joint use provisions shall be reserved in 
landscaped open space. Such area shall be computed at the rate of four hundred (400) square feet per 
parking space. 

d. Nothing in this section shall relieve the owner from providing parking facilities in accordance with this 
by-law if subsequently the joint use of parking facilities shall terminate. 



94 



3120. Number of Spaces . For the purpose of computing the parking requirements of different uses, the 
number of spaces required shall be the largest whole number obtained after increasing all fractions upwards 
to one. Employees shall include the largest number of owners, managers, full and part-time workers and 
volunteers that may be normally expected on the premises during any single shift or portion thereof. The 
number of seats in benches, pews, or other continuous seating arrangements shall be calculated at twenty 
(20) inches for each seat. The following minimum parking requirements shall apply to uses as listed 
below: 



USE 


NUMBER OF SPACES 


Stores, retail business, and services 


One (1) space per two hundred (200) square feet of net leasable floor 
area or a minimum of at least three (3) spaces per establishment 


Banks, libraries, and post offices 


One (1) space per one hundred (100) square feet of floor area 
devoted to public use, plus one (1) space per employee 


Bowling alleys 


Four (4) spaces for each alley 


Business and professional offices, office buildings, and office of a 
wholesale establishment including sales space 


One (1) space per two hundred (200) square feet of net floor area 


Medical and dental offices and clinics 


One (1 ) space per two hundred (200) square feet of net floor area 


Restaurants, lounges, and function rooms 


One (1) space per employee on the largest shift and one space per 
two and one-half (2.5) seats based on the maximum rated legal 
seating capacity of the facility 


Fast food establishment 


One (1) space per fifty (50) square feet of net floor area 


Adult entertainment establishment 


One (1) space per employee on the largest shift and one (1) parking 
space for each 1 .25 persons allowed for said establishment's seating 
capacity 


Theater, funeral home, and places of assembly 


One ( 1 ) space for each four (4) seats or for each fifty (50) square feet 
of assembly area, whichever is greater 


Hotels, motels, and tourist homes 


One (1 ) space per guest room, plus one (1) space per employee, plus 
a number of spaces as required elsewhere herein for restaurants, 
assembly halls, function rooms, shops and similar functions if 
occurring on the premises 


Non-family accommodation 


One ( 1 ) space per two (2) persons accommodated 


Nursing and convalescent homes 


One (1) space for each three (3) beds, plus one (1) space for each 
employee serving on the shift having the greatest number of 
employees, plus one (1) space for each visiting staff 


Clubs, lodges and association buildings 


One (1 ) space per three (3) memberships 


Lumber and building material yards, nurseries, and outdoor sales 


One (1 ) space per two hundred (200) square feet of net floor area and 
one (1) space per one thousand (1,000) square feet of outdoor or bulk 
sales area 


Manufacturing, truck terminals, wholesale establishments, public 
utility buildings other than their business office, warehouses and 
similar uses not normally visited by the general public 


One (1) space per two hundred (200) feet of net floor area. 
Provided, however, that the Inspector of Buildings may waive the 
actual construction of said space to no less than one (1) space per 
one and four-tenths (1.4) employees, plus one (1) space for each 
vehicle used in the operation upon issuance of a building permit or 
occupancy permit 


Facilitated Living Facility 


One space for each employee on the shift having the greatest number 
of employees, plus one (1) space for each visiting staff person. 
When on site parking for the facility's residents is permitted, the 
parking requirement is eight tenths (8/10) space per room. When on 
site parking for the facility's residents is not permitted, the parking 
requirement is one (1) space for each three (3) beds. The site must 
support the potential for meeting the parking requirement for 
"Business and professional offices" in the event of a building 
conversion, and shall be shown on the site plan as potential future 
parking. 



95- 



Single-family and two-family dwelling 


Two (2) spaces per dwelling unit for units with two (2) or more 
bedrooms 


Multi-family dwelling 


One (1) space per dwelling unit for one bedroom; two (2) spaces per 
dwelling unit for units with two (2) or more; plus one space per 
every three units or fraction thereof. 


Home occupations 


In addition to the spaces required for the dwelling, one (1) space for 
the nonresident employee. 


Any other nonresidential use, or any use involving a combination of 
functions similar to or listed herein 


A number of spaces as determined by the Inspector of Buildings by 
application of the ratios above 



3121. The requirements of Section 3120 may be reduced on special permit by the Planning Board if a 
property owner can demonstrate to the satisfaction of the board that the required number of spaces will not 
be needed for the proposed use, and that fewer spaces meet all parking needs. Such cases might include: 

a. Use of a common parking lot for separate uses having peak demands occurring at different times; 

b. Age or other characteristics of occupants which reduce their auto usage; 

c. Peculiarities of the use that make usual measures of demand invalid. 

d. The area necessary for the reduced spaces is available on the lot. 

3122. Waived Parking Build-out. If anytime after the property is in use, the Planning Board or the 
Inspector of Buildings determines that a need exists for the additional spaces that were waived under 
Section 3121, the Planning Board may require that these spaces be constructed. 

3130. Size of Parking Spaces . Parking spaces shall be no less than eight and five-tenths (8.5) feet in width 
and nineteen (19) feet in length. 

3140. Off-Street Loading . All buildings, requiring the delivery of goods, supplies, or materials, or 
shipments of the same shall have bays and suitable maneuvering space for off-street loading of vehicles in 
accordance with the following: 

3141. Retail stores and services. For each establishment with a net floor area from five thousand (5,000) to 
eight thousand (8,000) square feet, at least one (1) berth. Additional space is required at the rate of one (1) 
berth per eight thousand (8,000) square feet or nearest multiple thereof. Where two (2) or more such 
establishments are connected by a common wall such as in a shopping center, common berths may be 
permitted for the use of all establishments at the rate of one (1) berth space per eight thousand (8,000) 
square feet in the entire shopping center. 

3142. Office buildings. For each office building with net area of four thousand (4,000) square feet or more, 
at least one (1) berth shall be provided. 

3143. Manufacturing industrial warehousing. For manufacturing, industrial warehousing and similar uses 
up to eight thousand (8,000) square feet of net floor area, at least one (1) berth shall be provided. For larger 
floor areas, additional berths shall be provided as required by the Inspector of Buildings adequate for 
off-street loading and unloading. 

3144. Loading areas shall provide screening in accordance with Section 3500. 

3145. Loading bays shall not be less than twelve (12) feet in width, forty (40) feet in length, and fourteen 
(14) feet in height, exclusive of driveway and maneuvering space. Required off-street loading bays and 
maneuvering spaces shall be located entirely on the same lot as the building being served. 

3150. Parking and Loading Area Design and Location . 

3151. No off-street parking area shall be located within ten (10) feet of a property line, within twenty (20) 
feet of a street right-of-way, or in any required yard adjacent to a residential or institutional use. 

3152. Sidewalks are required within the site where necessary for safe pedestrian access and circulation. 
There shall be a marked pedestrian aisle at each entrance to the building served by the parking lot. 



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3153. Parking spaces more than five hundred (500) feet from the building entrance they serve may not be 
counted towards fulfillment of parking requirements unless the Planning Board determines that 
circumstances justify this greater separation of parking from use. 

3154. All required parking areas except those serving single-family residences shall be paved, unless 
exempted on special permit from the Planning Board for cases such as seasonal or periodic use where 
unpaved surfaces will not cause dust, erosion, hazard, or unsightly conditions. 

3155. Parking areas for five (5) or more cars shall not require vehicles to back onto a public way. 

3156. Parking areas for ten (10) or more cars shall provide screening in accordance with Section 3500. 

3157. No dead end aisle shall exceed five (5) parking spaces in width. 

3158. Continuous curbing shall be provided to control access, drainage and damage. 

3159. Curb stops, planting strips or other means shall be provided to maintain a minimum usable sidewalk 
width of four feet or the minimum width required by the Americans with Disabilities Act. 

3160. Parking Areas with Twenty or More Spaces . The following shall apply to entrances or exits to all 
parking areas with twenty (20) or more spaces: 

3161. Entrance or exit center lines shall not fall within fifty (50) feet of an intersection of street sidelines or 
within one hundred fifty (150) feet of the centerline of any other parking area entrance or exit on the same 
side of the street, whether on the same parcel or not, if serving twenty (20) or more spaces. Uses shall 
arrange for shared egress if necessary to meet these requirements. 

3162. Egressing vehicles shall have four hundred (400) feet visibility in each travel direction. 

3163. Street entrances shall be designed consistent with Massachusetts DPW Traffic Regulations, section 
10A-9 or subsequent revisions. 

3164. An appropriate area for snow storage after plowing shall be provided on the premises. 

3170. Parking Garages . An application for a special permit for a parking garage shall require the 
submission of a site plan in conformance with Section 5400. No parking garage shall exceed three (3) 
stories in height (thirty-five (35) feet), and when taken in consideration with the principal structure, shall 
not exceed the lot coverage for the applicable zoning district. 

deleting existing section 3300 regarding signs and outdoor lighting and substituting therefor a new Section 
3300; 

3300. SIGNS AND OUTDOOR LIGHTING 

The following sign regulations are intended to serve these objectives: (a) to facilitate efficient 
communication to ensure that people receive the messages they need or want; (b) to promote good 
relationships between signs and the visual qualities of their environs and the buildings to which they relate; 
(c) to maintain visual diversity within commercial areas by avoiding requirement of uniformity; and (d) to 
support business vitality within nonresidential zones by accomplishing the above objectives without 
burdensome procedures and restrictions. 

3310. General Regulations . 

3311. Permits. No sign shall be erected, enlarged or structurally altered without a sign permit issued by 
the Building Inspector, with the exception of unlighted signs one (1) square foot or smaller and temporary 
construction signs less than twelve ( 1 2) square feet in area. Temporary unlighted real estate signs require 
no sign permit if erecting agent has obtained a one-year permit from the Building Inspector for erecting 
such signs. 

3312. Maintenance. All signs shall be maintained in a safe and neat condition to the satisfaction of the 
Building Inspector and in accordance with sections 1404.0 and 1405.0 of the State Building Code. 



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3313. Nonconforming Signs. Any sign legally erected may be continued and maintained despite being 
made nonconforming through change in the zoning by-law, except that no off-premises signs may be 
maintained after June 1, 1980. Any sign rendered nonconforming through erection of additional signs on 
the premises or through change or termination of activities on the premises shall be removed within thirty 
(30) days of order of the Building Inspector. No existing sign shall be enlarged, reworded (unless equipped 
with movable letters), redesigned, or altered in any way except in conformity with the provisions contained 
herein. Any sign which has been destroyed or damaged to the extent that the cost of repair or restoration 
will exceed one-third of the replacement value as of the date of the destruction shall not be repaired, rebuilt, 
restored, or altered unless in conformity with this by-law. 

3314. Identification. All signs approved by the Building Inspector will have an identifying number affixed 
to the face of the sign in the lower right hand corner, said number to be at least one (1) inch in height. 

3320. Prohibitions . 

3321. No moving, animated, revolving, moving light, or flashing sign or sign elements shall be permitted, 
except for traditional illuminated barbershop poles with revolving pillars. Only registered and licensed 
barbershops are allowed to display a barber pole and the barber pole shall not exceed eighteen ( 1 8) inches 
in height. No pennants, streamers, advertising flags, spinners, or similar devices shall be permitted. 

3322. No sign shall be located within twenty-five (25) feet of the intersection of sidelines of intersecting 
streets unless entirely less than three and one-half (3 1/2) feet or more than eight (8) feet above grade. 

3323. No part of any sign shall be more than twenty (20) feet in height above ground level or exceed the 
height of the building to which it relates unless granted a special permit for an exception by the Board of 
Appeals. 

3324. No part of any sign shall overhang a public way by more than twelve (12) inches, except that on 
special permit from the Board of Appeals such overhang may be increased up to four (4) feet. 

3325. No billboard or other sign shall be erected or maintained unless its subject matter relates exclusively 
to the premises on which it is located, or to products, accommodations, services, or activities on those 
premises. 

3330. Signs Permitted in Residential District . The following signs are permitted in residential districts RA, 
RB, RC, and RM. 

3331. One (1) sign for each family residing on the premises indicating the owner or occupant or pertaining 
to a permitted accessory use, provided that no such sign shall exceed one (1) square foot in area. 

3332. One (1) sign not over nine (9) square feet in area pertaining to a permitted use or building other than 
dwellings or their accessory uses. 

3333. One (1) temporary sign not over six (6) square feet in area pertaining to the sale, rent, or lease of the 
premises provided that it shall be removed within seven (7) days after sale, rent, or lease thereof. Such 
signs may be illuminated only if granted a special permit by the Board of Appeals upon its determination 
that such illumination serves public safety and convenience without damage to neighborhood character. 
These signs require no sign permit if erecting agent has obtained a one-year permit from the Building 
Inspector for erecting such signs. 

3334. Unlighted directional signs not exceeding one (1) square foot in area each and pertaining to permitted 
building, uses of the premises other than dwellings and their accessory uses, or prohibiting use of the 
premises or certain portions of it. 

3335. One (1) temporary unlighted sign not larger than twenty-five (25) square feet in an area indicating 
the name and address of the parties involved in construction on the premises. Requires no permit if not 
more than twelve (12) square feet in area and is removed within thirty (30) days of erection. 

3340. Signs Permitted in Business Districts . The following signs are permitted in business districts CA, 
CB, CC, and CD. 



98 



3341. Attached signs. One sign may be attached to any one wall of a building, not to exceed an area 
equivalent to fifteen (15) percent of the front wall area of said building, or sixty (60) square feet, whichever 
is greater. 

a. Allowable sign area may be divided between two (2) signs, each sign to be attached to a different wall 
of the building, and the total allowable sign area shall not exceed an area equivalent to twenty (20) 
percent of the front wall area of said building or eighty (80) square feet, whichever is smaller. 

b. In the case of buildings with multiple occupants, each occupant is allowed one (1) sign, with the above 
total allowable sign area divided among them in proportion to their share of total floor area. 

c. No attached sign shall extend above the wall to which it is attached. No sign shall be attached to a 
roof, real or simulated. 

d. A building located at an intersection fronting on two (2) public ways may divide the allowable sign 
area between two (2) signs, each sign to be attached to a different wall of the building, and the total 
allowable sign area shall not exceed an area equivalent to twenty (20) percent of the front wall area of 
said building, or eighty (80) square feet, whichever is smaller. 

3342. Freestanding signs. 

a. One freestanding sign located within the front yard area of the lot and not exceeding five (5) percent of 
the front wall of the building, or forty (40) square feet, whichever is smaller, provided that the building 
has a minimum setback of thirty (30) feet and the sign is so located as to be set back fifteen (15) feet 
from the street line and twenty (20) feet from any side lot line. On special permit from the Board of 
Appeals the allowable sign area may be increased to sixty (60) square feet. 

b. Directory signs. A freestanding "directory" sign, a sign representing multi-tenants, must have 
uniformity of size and color and the overall sign must meet the criteria for freestanding signs. 

3343. Directional signs. No more than two (2) directional signs per driveway. Said signs shall contain no 
advertising and shall not exceed an area of five (5) square feet each. 

3344. Window signs. One (1) unlighted window sign for each window of the building not to exceed in area 
twenty (20) percent of the area of any window upon which located. 

3345. Lighted Window Signs. One lighted window sign, including all types of internally illuminated 
signs, whether or not neon, conforming to the following standards: 

a. Such signs shall not exceed five (5) square feet in area or cover more than 20% of the window in 
which it is situated, whichever is less, and shall only be allowed in ground floor windows; 

b. Such signs shall be equipped with a timer which shall permit illumination no longer than thirty minutes 
before opening or after closing of the business; 

c. Such signs shall not flash or blink or use lights changing in intensity; 

d. Such signs shall not contain more than three different colors; 

e. Such signs illuminated by a neon source shall be composed of primarily single strand glass tubing with 
a maximum outside diameter of one inch; 

f. Such signs within three feet of a window shall be considered to be a window sign for purposes of these 
standards. 

3350. Signs Permitted in Industrial Districts . Any sign permitted in a business district is permitted in an 
industrial district (IA or IS) excepting window signs. However, a freestanding sign oriented parallel to the 
street line and not more than thirty (30) square feet in area need to be set back only five (5) feet from the 
street line. 

3360. Illumination. 



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3361. Overspill. Illuminated signs, parking lot lighting, building floodlighting, or other exterior lighting 
shall be so designed and arranged that their collective result does not create so much light overspill onto 
adjacent premises that it casts observable shadows, and so that it does not create glare from unshielded light 
sources. 

3362. Unless all the following are met, it will be presumed that the above performance requirements are 
not satisfied. The Board of Appeals may grant a special permit for lighting which does not comply with 
these specifications if it determines that the performance standards of the first paragraph will still be met, 
and if the applicant documents that brightness of any sign or building element will not exceed twenty (20) 
foot lamberts in residential districts or fifty (50) foot lamberts in other districts. 

a. Internally illuminated signs on the premises collectively total not more than two hundred (200) watts 
unless not exceeding fifteen thousand (15,000) lumens. 

b. Externally illuminated signs employ only shielded lights fixed within three (3) feet of the surface they 
illuminate. 

c. Building floodlighting totals not more than two thousand (2,000) watts unless not exceeding fifty 
thousand (50,000) lumens. 

d. Exterior lighting fixtures other than signs are mounted not more than twenty (20) feet high. 

3363. Hours. No sign or building in any residential district or within three hundred (300) feet of any 
residential district if within sight from it shall be illuminated between the hours of 1 1 p.m. and 7 a.m. 
unless indicating an establishment open to the public during those hours. 

3364. Movement. No flashing, moving, or revolving lights shall be maintained. 

3370. Temporary Signs . Temporary signs (including those mounted on wheels, trailers, or motor vehicles 
if those vehicles, trailers, or wheeled signs are regularly located for fixed display) are prohibited unless 
complying with all requirements of this by-law as applicable to permanent signs, or as may be allowed 
herein. 

3371. Political Signs. Temporary, freestanding political signs, not exceeding in aggregate twenty-four (24) 
square feet in area, which is designed to influence the action of voters for the passage or defeat of a 
referendum question or other measure appearing on the ballot of an election duly called in the Town of 
Chelmsford or designed to influence the action of voters for election of a candidate whose name appears on 
the ballot of an election duly called in the Town of Chelmsford are allowed in all districts. Such signs may 
be erected no sooner than twenty-one (2 1 ) days prior to the date of election and must be removed not later 
than fourteen (14) days after such election. Signs permitted by this by-law: (a) shall not be higher than 
three feet above ground level; (b) shall not be artificially illuminated; (c) shall be freestanding and not 
attached to a building, tree, utility pole, or fence; (d) shall be set back at least 15 feet from the street line; 
and (e) shall only be located within the front or side yard area of the property. These signs require no sign 
permit. 

3372. Construction signs. Temporary, freestanding signs may be erected on the premises to identify any 
building under construction, its owner, architect, builder or other associated with it, provided that such sign 
shall not exceed sixty (60) square feet in area and shall not be erected to interfere with sight lines along the 
public way. Such sign shall be removed within seven (7) days of the issuance of an occupancy permit. 
These signs require no sign permit if not more than twelve (12) square feet in area and are removed within 
thirty (30) days of erection. 

3373. Real estate signs. Temporary freestanding sign or signs attached to the front wall of the building and 
pertaining to the sale, rental, or lease of the premises are allowed in all districts. Such sign shall be removed 
within seven (7) days of the sale, rental, or lease of said premises. These signs require no sign permit if 
erecting agent has obtained a one-year permit from the Building Inspector for erecting such signs. Signs 
advertising an "open house" shall be situated only on the property which is for sale, and/or at nearby 
intersections to guide potential buyers to that location, only during the hours of the open house. 

3374. Yard sale signs. A sign advertising a yard sale shall not exceed two square feet in area, shall not be 
erected more than seventy-two hours before the sale, and shall be removed immediately thereafter. No 
permit is required for a yard sale sign. 



100 



3380. Guidelines . These guidelines are not mandatory, but degree of compliance with them shall be 
considered by the Board of Appeals in acting upon special permits authorized under this section, as shall 
consistency with the basic sign objectives and any specific criteria cited above. 

3381. Designs. 

a. Any increase above the basic maxima for the size and number of signs should be justifiable because of 
multiple frontages, development scale, or other special needs, and should be appropriate in relation to 
street width, signage on nearby structures, and speed of vehicular travel. 

b. Sign content normally should not occupy more than forty (40) percent of the sign background, whether 
a signboard or a building element. 

c. Signs should be simple, neat, and avoid distracting elements, so that contents can be quickly and easily 
read. 

d. Signs should be sized and located so as to not interrupt, obscure, or hide the continuity of columns, 
cornices, roof eaves, sill lines, or other elements of building structure, and where possible, should 
reflect and emphasize building structural form. 

e. Sign materials, form, colors, and lettering shall be reflective of the character of the building to which 
the sign relates. 

f. Clutter should be avoided by not using support brackets extending above the sign or guy wires and 
turnbuckles. 

3382. Content. 

a. Signs should not display brand-names, symbols, or slogans of nationally distributed products except in 
cases where the majority of the floor or lot area on the premises is devoted to manufacturing, sale, or 
other processing of that specific product. 

b. Premises chiefly identified by a product brand-name (such as a gasoline or auto brand) should devote 
some part of their permitted sign area to also displaying the identity of the local outlet. 

c. Signs should not contain selling slogans, product descriptions, help wanted notices, or other 
advertising that is not an integral part of the name or other identification of the location or the 
enterprise. 

3390. Sign advisory committee. A sign advisory committee of five (5) members shall be appointed by the 
Town Manager for three-year terms (except so arranged initially that no more than two (2) terms expire 
each year). Members shall include at least one (1) retail merchant operating in Chelmsford, and two (2) 
others, preferably with a strong interest in architecture, landscape architecture or visual design. In addition 
a member of the Board of Appeals shall be designated by the board as a nonvoting sixth member of the 
sign advisory committee. 

3390A. Procedure. All appeals to the Board of Appeals involving signs, applications for sign permits, and 
all applications for special permits authorized hereunder shall be referred to the sign advisory committee 
for its review and comment. No such appeal or application shall be acted upon prior to receipt of a report 
thereon from the sign advisory committee unless no report is received within twenty-one (2 1 ) days from the 
date of referral of a sign permit application or thirty-five (35) days from the date of referral of an appeal or 
special permit application. Any departure from the recommendations of the sign advisory board in the 
decision shall be explained in a written report from the authorizing agent to the Sign Advisory Committee, 
Board of Selectmen, and Planning Board. 

deleting existing Section 3410 regarding grading and substituting therefor a new Section 3430; 

D. deleting existing Section 4110 regarding home occupations and substituting therefor a new Section 
2250; 

2250. Home Occupations . 



101 



2251. Home Occupations As of Right. Businesses or professions incidental to and customarily associated 
with the principal residential use of premises may be engaged in as an accessory use by a resident of that 
dwelling; provided, however, that all of the following conditions shall be satisfied: 

a. The occupation or profession shall be carried on wholly within the principal building, or within a 
building or other structure accessory thereto which has been in existence at least five (5) years, without 
extension thereof. 

b. Not more than twenty-five (25) percent of the combined floor area of the residence and any qualified 
accessory structures shall be used in the home occupation. 

c. No person not a member of the household shall be employed in the home occupation. 

d. The home occupation shall not serve clients, customers, pupils, salespersons, or the like on the 
premises. 

e. There shall be no sign, exterior display, no exterior storage of materials, and no other exterior 
indication of the home occupation, or other variation from the residential character of the premises. 

f. No use or storage hazardous materials in quantities greater than associated with normal household use 
shall be permitted. 

g. Traffic generated shall not exceed volumes normally expected in a residential neighborhood. 

2252. Home Occupations by Special Permit. Businesses or professions incidental to and customarily 
associated with the principal residential use of premises may be engaged in as an accessory use by a 
resident of that dwelling upon the issuance of a special permit by the Board of Appeals; provided, however, 
that all of the following conditions shall be satisfied: 

a. All of the requirements of Section 2251. a, 225 l.b, and 225 l.g. 

b. Not more than one (1) person not a member of the household shall be employed in the home 
occupation. 

c. An unlighted sign of not more than three (3) square feet in area may be permitted. The visibility of 
exterior storage of materials and other exterior indications of the home occupation, or other variation 
from the residential character of the premises, shall be minimized through screening and other 
appropriate devices. 

d. Parking generated by the home occupation shall be accommodated off-street, other than in a required 
front yard, and shall not occupy more than 20% of lot area. 

The use or storage of hazardous materials in quantities greater than associated with normal household use 
shall be subject to design requirements to protect against discharge to the environment. 

deleting existing Section 4110A regarding family day care homes and substituting therefor a new Section 

2243; 

Family Day Care Homes. Family day care home providers shall be registered with and have obtained all 
applicable licenses from the Commonwealth of Massachusetts Office of Children and shall be in full 
compliance with all applicable Rules and Regulations promulgated by the Office of Children as set forth in 
accordance with G.L. c. 28A, particularly sections 9 through 13 thereof, and in accordance with section 13 
of Chapter 785 of the Acts of 1972. Providers shall also comply with the provisions of the Life Safety 
Code adopted by the National Fire Protection Association, section 10-9, Family Child Day Care Homes, 
and any amendments or revisions thereto or act in relation thereto. 

deleting existing Section 4 1 20 regarding swimming pools in its entirety; 

deleting existing Section 4130 regarding barn, yard and garage sales and flea markets and substituting 
therefor a new Section 2244; 



102 



Barn sale, yard sale, garage sale, or flea market. The temporary use of residential, institutional, or 
industrial premises for sale of personal property is permitted provided that a temporary occupancy permit is 
obtained. Such permits shall be issued by the Inspector of Buildings for up to two (2) consecutive days 
only, not more than twice each calendar year for any given premises. For each such sale a separate permit 
shall be required. No merchandise dangerous to life or limb shall be shown or sold and all persons 
conducting such sales shall take all necessary steps for the protection of persons while on their premises. 

deleting existing Section 4140 regarding scientific uses and substituting therefor a new Section 2241; 

2241. Accessory Scientific Uses. Uses, whether or not on the same parcel as activities permitted as a 
matter of right, which are necessary in connection with scientific research or scientific development or 
related production, may be permitted upon the issuance of a special permit by the Board of Appeals, 
provided that the Board finds that the proposed use does not substantially derogate from the public good. 

deleting existing Section 4150 regarding roadside stands and substituting therefor a new Section 2331; 

Roadside stands. Roadside stands shall be located at least fifteen (15) feet back from any street 
right-of-way and twenty (20) feet from any lot line. Portable stands shall be removed during seasons when 
not in use. 

deleting existing Section 4160 regarding animals accessory to dwellings and substituting therefor a new 
Section 2245; 

Animals accessory to dwellings. Cattle, horses, sheep, hogs, goats, game birds or similar livestock shall be 
maintained accessory to a dwelling only on a lot having an area of not less than forty thousand (40,000) 
square feet plus fifteen thousand (15,000) square feet per large animal (twenty-five (25) pounds or heavier 
at maturity) in excess of one (1) or per ten (10) smaller animals in excess of the first ten (10). Such animals 
and their wastes shall be contained at least fifty (50) feet from any abutting lot line of a residentially used 
lot, and at least fifty (50) feet from any year-round surface water body. 

deleting existing Section 4170 regarding unregistered motor vehicles in its entirety; 

deleting existing Section 4 1 80 regarding willow trees in its entirety; 

deleting existing Section 4 1 90 regarding height of accessory uses and structures and substituting therefor a 
new Section 2360; 

2360. Height Restrictions on Certain Accessory Structures . Tall structures and roof-mounted or attached 
structures shall comply with the following requirements, conditions and guidelines. For purposes of this 
section a "tall structure" shall mean any freestanding man-made device (lattice, mast, pole, windmill, wind 
turbine, spire, tower, antenna, or the like) which exceeds thirty-five (35) feet in height and which is not 
subject to section 4100 - Wireless Communications Facilities. 

2361. Each tall structure shall be placed in a circle with a radius equal to its height as measured from the 
base of said structure. This circle must be contained entirely within the property on which the tall structure 
is located. More than one tall structure may be erected on a lot provided that total area of the circles 
required above does not exceed the area of the lot. 

2362. No tall structure shall be located within a required front or side yard area. 

2363. Roof-mounted or attached structures, including masts, poles, towers, antennae, etc., may not exceed 
twenty (20) feet above the uppermost part of the structure to which attached. Such structures shall not be 
located nearer to the lot line than the total height of the mounted or attached structure. 

deleting existing Section 4200 regarding earth removal and landfill and substituting therefor a new Section 
3600; 

3600. EARTH REMOVAL 

3610. General . No removal of sod, loam, humus, clay, sand or gravel shall be permitted except in 
accordance with the conditions and procedures contained herein. 



103 



3620. Exceptions . The provisions of this section shall not apply to the following types of uses. Any fill 
material imported to the site pursuant to any exception shall be inorganic material and any earthwork, final 
grades, planting and landscaping shall be constructed with due regard for the protection of persons and 
property adjacent to the site; at no time will a slope exceed 3:1. Any site within one hundred (100) feet of a 
wetland shall be subject to the jurisdiction of the Conservation Commission. 

3621. Removal or filling incidental to the construction of a building, for which the site of removal or filling 
is not more than six (6) months old, or for grading, or otherwise improving the premises around the 
building. 

3622. Removal on a lot located in a residential district containing an existing residential dwelling provided 
a plan of the proposed work has been submitted to the Inspector of Buildings and a residential earth 
removal permit has been issued by him upon determination of compliance of said plans with the 
requirements of this by-law. 

3623. Removal on any town-operated or town-maintained landfill. 

3630. Procedures . The Board of Appeals may authorize earth removal upon the issuance of a special 
permit. 

3631. Each application for a special permit shall be accompanied by a plan of land, at least six (6) 
eight-inch by ten-inch photographs of the area, and a statement describing any fill material to be used and 
where such fill would be obtained. The plan of land shall indicate the existing grade, proposed area of fill, 
proposed area of cut, area to be left as natural ground, grades below which no removal is to take place, 
proposed final landscaping, and permanent benchmarks. 

3632. All required plans shall be prepared by a registered civil engineer and surveyor, except that the 
Board of Appeals may waive this requirement, upon written request, where it is evident that the plan is 
sufficiently accurate for the scope of operations proposed and where such operations will be minor. 

3633. Five (5) copies of the initial plan of land shall be prepared and at the time of application to the Board 
of Appeals, such copies shall be distributed to the Inspector of Buildings, Town Engineer, Planning Board, 
and Conservation Commission. 

3634. The Inspector of Buildings, Town Engineer, Planning Board, and Conservation Commission may 
report with recommendations to the Board of Appeals either at or prior to the hearing on the application. 

3635. A final plan of land shall be prepared showing the final grades, cross sections, location of culverts 
and other site improvements, and cover vegetation, trees, and landscaping. 

3636. Three (3) copies of the final plan shall be prepared, one of which shall be distributed to the Inspector 
of Buildings, and one to the town engineer who shall review the final plan and inspect the completed site 
for conformity with this by-law and any terms and conditions imposed by the Board of Appeals. 

3637. A performance bond in an amount determined by the Board of Appeals shall be posted in the name 
of the town assuring satisfactory compliance with this by-law and any conditions imposed by the Board of 
Appeals in the interests of safe-guarding the area and the town against injury, assuring proper future use of 
the land after operations are completed, or to control the transportation of such material through the town. 
Upon failure to comply and forfeiture of the bond, monies therefrom shall be utilized by the town for the 
purpose of fulfilling these requirements. No bond shall be released until sufficient time has elapsed to 
ascertain that any filled area has stabilized, that vegetation planted has successfully been established, and 
that drainage is satisfactory. 

3640. Special Permits . Before granting a special permit for removal, the Board of Appeals shall give due 
consideration to the location of the proposed operation, to the general character of the neighborhood 
surrounding such location, to the existing topography and natural landscape, drainage patterns, ground 
cover and vegetation, and to the general safety of the public on the public ways and in the vicinity of the 
removal or landfill operations. 

3641. The Board of Appeals may set additional conditions governing the conduct of operations, hours 
when trucking is permitted, trees, screening, and landscaping which shall be in writing and a part of the 
permit issued. 



104 



3642. No permit shall be issued for more than one (1) year, and may be renewed only upon application and 
following a public hearing. Prior to renewal, inspection of the premises shall be made by the Inspector of 
Buildings. 

3643. The Board of Appeals, after hearing and proof of violation of the terms of the permit or of this 
by-law shall withdraw the permit, after which the operation shall be discontinued, and the area restored in 
accordance with this by-law. 

3650. Conditions . Removal operations shall comply with the following standards 

365 1 . Removal shall not take place below a level that would reasonably be considered a desirable grade for 
the later development of the area, or below the grades specified on the plan accompanying the permit, 
provided such plan has been approved or modified in accord with the directive of the Board of Appeals. 

3652. During removal operations, no slope shall exceed one (1) foot rise to one and one-half (1 Vi) feet 
horizontal distance or the natural angle of repose of the material in a dry state, whichever is lower, except 
in ledge rock. 

3653. Provision shall be made for safe drainage of water, and for prevention of wind or water erosion 
carrying material onto adjoining properties. 

3654. Soil shall not be disturbed within one hundred (100) feet of the boundaries of the premises, 
excepting at the conclusion of operations, if required in order to improve the overall grading. 

3660. Restoration . Within ten (10) days after the expiration or withdrawal of a permit or upon voluntary 
cessation of operations, or upon completion of removal in a substantial area, that entire area shall be 
restored as follows: 

3661. All land shall be graded so that the elevation of any disturbed areas shall be one (1) foot or more 
above the grade level of any adjacent street or way and so that no slope exceeds a rise of one (1) foot 
vertical for each three (3) feet of horizontal distance, and shall be graded as to safely provide for drainage 
without erosion. 

3662. All boulders larger than one-half (1/2) cubic yard shall be removed or buried. 

3663. The entire area of disturbed ground shall be covered with not less than four (4) inches of loam, 
which shall be planted with cover vegetation adequate to prevent soil erosion, using either grasses or 
ground cover, depending upon conditions. 

3664. Retaining walls. Where it is necessary to erect retaining walls to guard against erosion, such 
retaining walls shall be no more than eighteen (18) inches above the grade of all adjacent streets or ways 
with the filled land at least eight (8) inches below the top of the retaining wall. 

deleting existing Section 4300 regarding fairs, carnivals and similar events and substituting therefor a new 
Section 3200; 

3200. FAIRS, CARNIVALS AND SIMILAR EVENTS 

3210. General . Special permits for carnivals, fairs, exhibits, or similar outdoor events may be granted 
consistent with the following: 

321 1. Sponsorship. The sponsor shall be a religious, charitable, social or public organization. 

3212. Duration. The event shall continue no longer than one (1) week at any one (1) time, and not more 
than two (2) such events shall be authorized within any twelve (12) months for any one (1) sponsor. 

3220. Other Requirements . All requirements of this by-law, except paving for parking areas but including 
Section 3400, Environmental Standards, and Section 3360, Illumination, shall be observed. 

deleting existing Section 4400 regarding multifamily dwellings and substituting therefor a new Section 
3800; 

3800. MULTIFAMILY DWELLINGS 



105- 



3810. Objectives . Multifamily dwellings may be allowed by special permit in RM Districts in Chelmsford 
to provide greater variety and choice in housing types, to broaden availability of housing for persons and 
families of limited income, to focus development at locations able to support it with relatively small 
environmental or municipal cost, and to protect the town's natural environment, existing character and 
development, and ability to provide public services. 

3820. District Creation . RM districts may be created by town meeting vote, but only if the proposed 
district meets the following criteria: 

a. At least five (5) acres of land; 

Two hundred fifty (250) linear feet of frontage upon one (1) or more of the following: a state-numbered 
highway; a street having a right-of-way width of sixty (60) feet or more; or, a street determined by the 
Planning Board to have current annual average daily traffic equal to one thousand (1,000) vehicles per day 
or more. 

3821. Except as part of a comprehensive reconsideration of the zoning map, the Planning Board shall 
neither sponsor nor favorably recommend any proposal to create an RM district unless it has presented to 
it at a public hearing the information required in section 3840. 

3830. Applicability . Multifamily dwellings may be allowed by special permit in the RM District by the 
Planning Board. 

3840. Submittals . The following information shall be submitted as part of the application for a special 
permit. 

3841. A schematic site plan of the property, showing general shape and location of structures, parking, 
retained vegetation, wetlands, and points of egress onto public ways. 

3842. Materials indicating proposals for methods of water supply and sewage disposal; number of dwelling 
units, distinguishing single-family, multifamily; a development schedule for dwellings and improvements; 
proposed form of tenure, whether rental, condominium, cooperative, or other; means, if any, of providing 
for design control; and means, if any, of providing assurance of long-term conformity to present proposals. 

3843. A development phasing schedule indicating the maximum number of dwelling units proposed to be 
erected in each calendar year, and the timing of construction of any proposed community facilities. 

3844. Analysis of the consequences of the proposed development, evaluating the following impacts at a 
level of detail appropriate to the number of units proposed, and using analysis materials provided by the 
Planning Board. 

a. Natural environment: Groundwater and surface water quality, groundwater level, stream flows, 
erosion and siltation, vegetative removal (especially unusual species and mature trees), and wildlife 
habitats. 

b. Public services: Traffic safety and congestion, need for water system improvements, need for public 
sewerage, need for additional public recreation facilities, need for additional school facilities. 

c. Economics: Municipal costs and revenues, local business activity, local jobs. 

d. Social environment: Rate of town population growth, range of available housing choice. 

e. Visual environment: Visibility of buildings and parking, visual consistency with existing development 
in the area. 

3850. Procedures . The applicant shall transmit one (1) copy of the materials required herein to each of the 
following for their review and recommendation, to be made not later than the public hearing: the 
Conservation Commission, Board of Selectmen, and Fire Department. A special permit shall be approved 
by the Planning Board only after consideration of the criteria set forth in Section 5300, and the following 
additional factors: 



106 



3851. Departure from the scale of single-family development is minimized through including not more than 
twenty-four (24) dwelling units in a single structure, serving not more than six (6) dwelling units from a 
single entrance, limiting building length to not more than two hundred (200) feet, having unbroken roof 
area of not more than three thousand (3,000) square feet, and having parking areas individually contain not 
more than thirty-six (36) parking spaces and be separated from all other parking areas by at least fifty (50) 
feet. 

3852. Visual separation from nearby premises is assured through providing yards of at least one and 
five-tenths (1.5) times building height measured from each lot line which shall contain no parking areas, 
and through use of outdoor lighting fixtures not higher than fifteen (15) feet. 

3860. Density Bonus . For every one (1) unit in ten (10) set aside for low- and moderate-income persons 
and families in a multifamily housing project, the applicant may apply and the Planning Board may grant a 
bonus of one (1) additional unit. To apply the applicant shall demonstrate to the Planning Board that: 

3861. The rent required for the unit set aside shall meet the affordable rents established by the department 
of housing and urban development for the Chelmsford area; and 

3862. The unit set aside shall be made available to low- and moderate-income persons and families for a 
period of no less than ten (10) years; and 

3863. The low- and moderate-income level shall be as defined by the department of housing and urban 
development for the Chelmsford area. 

3864. The applicant shall work with the housing authority to rent units to eligible persons and families. 

deleting existing Section 4500 regarding major business complexes and substituting therefor a new Section 

3700; 

3700. MAJOR BUSINESS COMPLEXES. 

3710. Objectives . The objectives for allowing major business complexes are to increase the diversity and 
convenience of goods and services available in Chelmsford, to provide entrepreneurial and employment 
opportunities for area residents, to focus development at locations able to support it with relatively small 
environmental or municipal cost, and to protect the town's natural environment, existing character and 
development, and ability to provide public services. 

3720. Applicability . Any existing or proposed premises having more than twenty thousand (20,000) square 
feet gross floor area devoted to any use included in the Use Regulation Schedule in Section 2230 under 
"Commercial" and "Industrial" uses shall be considered a major business complex. Any construction, 
alteration, relocation or change of use resulting in such complex shall be permitted only upon the granting 
of a special permit by the Planning Board. For the purposes of this subsection, "change of use" shall mean 
a change in principal use which results in or is accompanied by an increase in the gross floor area of the 
principal structure of 10% or the addition of at least ten new parking spaces. 

3730. Submittals . Ten (10) copies of the following shall be filed with the Planning Board application for a 
special permit for a major business complex or for rezoning to accommodate such a complex. Additional 
copies shall be filed with the town clerk and the Inspector of Buildings. The Inspector of Buildings shall 
review the application for major business complex and shall submit a report with recommendations not 
later than the time of the public hearing. The Planning Board shall neither sponsor nor favorably 
recommend any rezoning of three (3) or more acres to a commercial or industrial district unless such 
materials have been submitted to it at a public hearing. 

3731. A site plan, as specified at Section 5400. 

3732. Narrative analyses of the consequences of the proposed development, including evaluation of the 
following concerns at a level of detail appropriate to the scale of development proposed, as determined by 
the Planning Board: 

a. Natural environment: Groundwater and surface water quality, groundwater level, stream flows, 
erosion and siltation, vegetation removal (especially unusual species and mature trees), and wildlife 
habitats. 



107 



b. Public services: Traffic safety and congestion, need for water system improvements, need for public 
sewerage. 

c. Economics: Anticipated market area, augmentation or duplication of existing services, amount and 
types of employment, labor force area. 

d. Visual environment: Visibility of buildings and parking, visual consistency with existing development 
in the area. 

3740. Decision Criteria . In addition to the criteria set forth in Section 5330, a special permit may be 
granted by the Planning Board only after consideration of the following factors: 

3741. If the required traffic study shows that there will be an increase in traffic above the present level of 
service at any point within one (1) mile of the premises, satisfactory evidence shall be presented to 
demonstrate that the complex will not be injurious to public safety. 

3742. Satisfactory evidence shall be presented to demonstrate that the complex will result in no net 
increase of runoff above current flows, and the design capacity of receiving structures or the channel 
capacity of receiving streams shall not be exceeded. 

3750. Lapse . Special permits granted pursuant to this section shall lapse within two (2) years following the 
filing of the special permit (including such time required to pursue and await the determination of an appeal 
referred to in G.L. c. 40A, s. 17 from the grant thereof) with the Town Clerk, if a substantial use thereof has 
not sooner commenced except for good cause or in the case of permit for construction, if construction has 
not begun by such date except for good cause. 

deleting existing Section 4600 regarding adult entertainment establishments and substituting therefor a new 
Section 4400; 

4400. ADULT ENTERTAINMENT ESTABLISHMENTS 

4410. Purpose . It is the intent and purpose of this by-law to regulate adult entertainment establishments to 
promote the health, safety and general welfare of the citizens of Chelmsford and to guard against adverse 
secondary effects on the youth of the Town. Furthermore it is the intent and purpose to establish reasonable 
and uniform regulations to prevent any deleterious location and concentration of adult entertainment 
establishments within the town, thereby reducing the adverse secondary effects from such adult 
entertainment establishments. The provisions of this by-law have neither the purpose nor effect of imposing 
limitations or restriction on the content of any communicative materials. Similarly, it is not the intent nor 
effect of this by-law to condone or legitimize the distribution of obscene material. 

4420. Adult Entertainment Overlay District Boundaries . The Adult Entertainment Overlay District is 
established in addition to the Adult Entertainment (CX) District. The Adult Entertainment Overlay District 
Use Regulations shall be as herein described in the Adult Entertainment District. 

4430. Spacing Requirement . Special Permits shall not be granted for an adult entertainment establishment 
if it is to be located less than one thousand ( 1 000) feet from the following uses. Measurement of distances 
shall be from the lot line of any of the uses described herein: 

443 1 . Another adult entertainment establishment; 

4432. Residential uses; 

4433. Public or private nursery schools; 

4434. Public or private daycare centers; 

4435. Public or private kindergartens; 

4436. Public or private elementary schools; 

4437. Public or private secondary schools; 

4438. Playgrounds or parks; 

4439. Religious institutions. 



108 



4440. Reduction of Spacing Requirement . The Board of Appeals may waive the one-thousand foot 
restriction contained in Section 4430 by special permit; provided, however, that the Board of Appeals shall 
not, under any circumstances, grant a special permit for an Adult Entertainment Establishment which shall 
be closer that seven-hundred-fifty (750) feet to any of the uses listed in section 4430. To grant a special 
permit reducing the spacing requirement, the board shall find: 

4441. That the proposed use will not be contrary to the public interest or injurious to nearby properties and 
that the spirit of this by-law will be observed; 

4442. That the proposed use will not enlarge or encourage the development of a "skid row" area; 

4443. That the establishment of an additional regulated use in that area will not be contrary to any program 
of neighborhood conservation nor will it interfere with any program or urban renewal; 

4444. That all applicable regulations of this by-law will be observed; 

4445. That no portion of the establishment shall be located on the ground level of any building. 

4450. Special Permit . No adult entertainment establishment shall commence operations without first 
applying for and receiving a Special Permit from the Board of Appeals. 

4460. Conditions . The following conditions shall be attached to any special permit for adult entertainment 
establishments: 

4461. Adult entertainment establishments shall not be allowed within a building containing other retail, 
consumer or residential uses; 

4462. No adult entertainment establishment shall be located within sixty (60) feet of a public or private 
way; 

4463. Any adult entertainment establishment shall cease its operations between the hours of 1:00 AM and 
10:00 AM each day; 

4464. No adult entertainment establishment may have visible from the exterior of the premises any 
flashing lights; 

4465. At all times when an adult entertainment establishment is open for business, the entire area of the 
premises must be continually illuminated to the degree of not less than one ( 1 ) foot candle (measured thirty 
(30) inches from the floor) except those portions of the room covered by furniture; 

4470. Statutory Prohibition . No special permit for an adult use shall be issued to any person convicted of 
violating G. L. c. 1 19, s. 63, or G. L. c. 272, s. 28. 

deleting existing Section 4800 regarding aquifer protection district and substituting therefor a new Section 
4200; 

4200. AQUIFER PROTECTION DISTRICT 

4210. Purpose . Groundwater is the sole source of drinking water to the residents, businesses and industries 
of the Town of Chelmsford. The purpose of the Aquifer Protection District is to protect the health, safety, 
and general welfare by protecting the Town's limited present and future drinking water supply, to ensure a 
sufficient quantity of potable pure drinking water for the present and future residents, institutions, and 
businesses of the Town of Chelmsford; and to limit the adverse effects of use and development of land on 
the quality of the groundwater and surface water resources of the Town of Chelmsford. 

4220. Definitions . For the purposes of this section the following words and phrases shall have the 
following meanings: 

AQUIFER - Geologic formation composed of rock, sand, gravel or other geologic material that contains 
significant amounts of potentially recoverable water. 

IMPERVIOUS SURFACE: Material or structure on, above, or below the ground that does not allow 
precipitation or surface water to penetrate directly into the soil. 



- 109 



TOXIC OR HAZARDOUS MATERIAL OR WASTE - Any substance or mixture of physical, chemical or 
infectious characteristics posing a significant, actual or potential hazard to water supplies or other hazards 
to human health if such substance or mixture were discharged to land or water of the Town of Chelmsford. 
Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, 
heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or 
Hazardous under G. L. c. 21C and c. 2 IE and 310 CMR 30.00. For the purposes of this section, sanitary 
domestic wastes from residential sources shall not be considered toxic or hazardous waste. 

4230. Establishment and Delineation of Aquifer Protection District . There is hereby established within the 
Town of Chelmsford the Aquifer Protection District. This area is described on a map entitled "Aquifer 
Protection District Town of Chelmsford, dated October 1997." Said map is incorporated herein by 
reference. 

423 1 . If the location of the district boundary in relation to a particular parcel is in doubt, resolution of 
boundary disputes shall be through a Special Permit application to the Zoning Board of Appeal (ZBA). Any 
application for a special permit for this purpose shall be accompanied by adequate documentation 
according to the normal application requirements of the Board of Appeals. If the applicant is able to 
demonstrate that groundwater flows will not be impacted by the activity on the site, or that groundwater 
from the site does not contribute to the Aquifer, the Board may grant a special permit relieving the 
applicant of the obligations of the Aquifer Protection District. The burden of proof shall be upon the 
owner(s) of the land in question to show where the bounds should properly be located. At the request of the 
owner(s), the Town may engage a registered professional engineer, hydrologist, geologist, or soil scientist 
to determine more accurately the boundaries of the district with respect to individual parcels of land, and 
may charge the owner(s) for all, or part of the cost of the investigation. 

4240. Overlay District . The Aquifer Protection District is an overlay district superimposed on the zoning 
districts and whose regulations are in addition to any other regulations established by this by-law. This 
overlay district shall apply to all new construction, reconstruction or expansion of existing buildings and 
new or expanded uses. Applicable activities or uses in a portion of one of the underlying zoning districts 
which fall within the Aquifer Protection District must additionally comply with the requirements of this 
district. Uses that are prohibited in the underlying zoning district shall not be permitted in the Aquifer 
Protection District. 

4250. Use Regulations . The uses permitted within the Aquifer Protection District shall be the uses 
permitted in the underlying zoning district, except as restricted below. In the following Table of Use 
Regulations "N" indicates the use is prohibited, "Y" indicates that the use is permitted, and "PB" indicates 
that the use may only be permitted by a Special Permit from the Planning Board. 



TABLE OF USE REGULATIONS WITHIN THE AQUIFER PROTECTION DISTRICT 



PRINCIPAL OR ACCESSORY USE 




1. Sanitary landfill, solid waste disposal site, refuse treatment and 
disposal facility, landfilling of sludge and septage, storage of sludge and 
septage. 


N 


2. Generation, treatment, disposal or storage of Toxic or Hazardous 
Materials or Waste, except for the following; (a) municipal uses 
associated with the provision of public water and sanitary sewer services; 
(b) very small quantity generators, as defined by 310 CMR 30.00; (c) 
waste oil retention facilities required by G.L c. 21 s. 52A; (d) treatment 
works approved by DEP designed in accordance with 314 CMR 5.00 for 
the treatment of contaminated ground or surface waters; (e) household 
hazardous waste collection centers or events operated pursuant to 310 
CMR 30.390 


N 


3. Motor vehicle repair facility 


PB 


4. Automobile graveyards and junkyards as defined in G.L. c. MOB, s. 1 


N 



110 



5. Car, truck and equipment washing facility where all wastewater 
discharges to the municipal sewer system or to a private sewer system 
which discharges to the municipal sewer system or to an approved 
disposal facility 


PB 


6. Commercial laundries not connected to the municipal sewer system or 
to a private sewer system which discharges to the municipal sewer 

system 


PB 


7. Dry cleaners with on-site cleaning facilities 


PB 


8. Furniture or wood stripping, painting & refmishing 


PB 


9. Disposal of snow contaminated with deicing chemicals and 
originating from outside the district 


N 


10. Outdoor storage of fertilizer, animal manure, soil conditioner, 
pesticide, herbicide and deicing chemicals 


N 


11. Chemical, bacteriological or radiological laboratory or production 
facility 


N 


12. Treatment disposal works for non-sanitary wastewater that are 
subject to 314 CMR 5.00, except replacement or repair of existing 
treatment works, or treatment works approved by the Department of 
Environmental Protection designed for the treatment of contaminated 
groundwater or surface water, or treatment works for pretreatment of 
industrial discharges to the municipal sewer system 


N 


13. Individual sewage disposal systems designed and/or maintained in 
accordance with the current requirements of Title 5, 310 CMR 15.00 


Y 


14. Earth removal, consisting of the removal of soil, loam sand, gravel, 
or any other earth material (including mining activities) within four feet 
of historical high groundwater as determined from monitoring wells and 
historical water table fluctuation data compiled by the United States 
Geological Survey except for excavations for building foundations, roads 
or utility works 


N 


15. The enclosed storage of road salt or other deicing chemicals 


PB 


16. Modification of groundwater flow through use of underdrains or 
similar devices, except that a Special Permit shall not be required to 
maintain, modify or expand single family residential structures lawfully 
in existence on effective date of this section 


PB 


17. Enlargement or alteration of existing uses that are nonconforming in 
the Aquifer Protection District 


PB 


18. Storage of hazardous materials as defined in G.L. c. 21E, and/or 
liquid petroleum products unless such storage is: (a) above ground level; 
(b) on an impervious surface; (c) either in container(s) or above ground 
tank(s) within a building or outdoors in covered container(s) or above 
ground tank(s) in an area that has a containment system designed and 
operated to hold either 10% of the total possible storage capacity of all 
containers or 1 10% of the largest container's storage capacity, whichever 
is greater. These storage requirements shall not apply to replacement of 
existing tanks or systems for the keeping, dispensing or storing of 


N 



111 



gasoline provided the replacement is performed in a manner consistent 
with state and local requirements 




19. The construction of dams or other water control devices, ponds, or 
other changes in water bodies or courses, created for swimming, fishing 
or other recreational uses, agricultural uses, or drainage improvements 


PB 


20. Any use that will render impervious more than 15% or 2,500 square 
feet of any lot, whichever is greater (see section 4260) 


PB 


2 1 . Any discharge to the ground through an interior floor drain 


N 



4260. Lot Coverage . Any use proposed to render impervious more than 15% or 2,500 square feet of any 
lot, whichever is greater, shall be subject to a special Permit from the Planning Board. On any such lot a 
system for groundwater recharge must be provided which does not degrade groundwater quality. Any 
project drainage design that satisfies the Stormwater Policy issued by the Department of Environmental 
Protection, dated November 1 8, 1 996, as amended, shall be sufficient to satisfy the requirements of this 
section. 

4270. Special Permits . The Special Permit granting authority under this section of the Zoning by-law shall 
be the Planning Board. The Planning Board may grant the Special Permit only upon a finding that the 
proposed use meets the following performance standards: 

4271. The use shall not, during construction or thereafter, adversely affect the existing quality or quantity 
of water that is available in the Aquifer Protection District; 

4272. The use shall be designed to avoid substantial disturbances of the soils, topography, drainage, 
vegetation and other water related natural characteristics of the site to be developed which are likely to 
affect existing quality or quantity of water that is available in the Aquifer Protection District; 

4273. The use shall be designed to meet State and Federal drinking water standards at the property line; 
and 

4274. The use shall utilize the Best Management Practices which are available for the proposed use. 

deleting existing Section 4900 regarding wireless communications facilities and substituting therefor a new 
Section 4100; 

4100. WIRELESS COMMUNICATIONS FACILITIES 

4110. Purpose . The purpose of these regulations include to establish siting criteria and standards for 
communication towers and facilities; to minimize the adverse visual impacts of wireless communications 
facilities, satellite dishes and antennas on adjacent properties and residential neighborhoods; to minimize 
the overall number and height of such facilities to only what is essential; and to promote shared use of 
existing facilities to reduce the need for new facilities. The by-law is intended to establish reasonable 
regulations while allowing adequate service to residents, the traveling public and others within the Town, 
and to accommodate the need for the minimum number of such facilities within the Town. This section 
shall not apply to satellite dishes and antennas for residential use which are regulated under Section 2360. 

4120. General Requirements . No wireless communications facility shall be erected or installed except in 
compliance with the provisions of this by-law. In all cases, a Special Permit is required from the Board of 
Appeals. Any proposed extension in the height, addition of cells, antenna or panels, or construction of a 
new or replacement facility shall be subject to a new application for a Special Permit. Attachment of cells, 
antenna or panels to existing suitable structures shall be subject to application for a Special Permit. 

4121. Only freestanding monopoles, with associated antenna and/or panels, may be allowed. Lattice style 
towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed. For 
the purposes of this section "monopole" shall mean a pole consisting of not more than one leg, anchored in 
the ground, which is not supported by guy wires or other bracing. Monopoles shall be set back from the 
property line a distance at least equal to the height of the monopoles. 



-112- 



4122. Erection of new monopoles may be allowed by special permit in any Commercial District, Industrial 
District or Public district. 

4123. New structures shall be located within five hundred (500) feet of a limited access highway as 
defined by State and Federal standards. 

4124. No new monopoles shall be erected within five hundred (500) feet of an existing residential structure 
or within two (2) miles of another existing or approved monopole. 

4125. Structures shall be removed within one (1) year of cessation of use. If applicable, proof of continued 
compliance with the standards of the Federal Communications Commission (FCC), Federal Aviation 
Administration (FAA), the American National Standards Institute (ANSI), State building code, and 
required maintenance shall be filed with the Building Inspector by the Special Permit holder on an annual 
basis or as deemed necessary by the Building Inspector. 

4126. Not more than one monopole shall be located on a lot. 

4130. Procedures . All applications for special permits for wireless communications facilities, antennas or 
satellite dishes shall be made and filed in compliance with the Rules and Regulations of the Chelmsford 
Board of Appeals. In addition to the minimum requirements of the Board of Appeals, applicants under this 
section shall include the following: 

4131. A locus plan which shall show all property lines, the exact location of the proposed structure(s), 
streets, landscape features, residential dwellings, and all buildings within five hundred (500) feet of the 
facility; 

4132. A color photograph or rendition of the proposed monopole with its antenna and/or panels. For 
satellite dishes or antennas, a color photograph or rendition illustrating the dish at the proposed location is 
required. A rendition shall also be prepared illustrating a view of the monopole, dish or antenna from the 
nearest street or streets. 

4133. The following information prepared by one or more professional engineers: 

a. a description of the monopole and the technical, economic and other reasons for the proposed location, 
height and design. 

b. confirmation that the monopole complies with all applicable Federal and State standards. 

c. a description of the capacity of the monopole including the number and type of panels, antennas and/or 
transmitter receivers that it can accommodate and the basis for these calculations. 

d. If applicable, a written statement that the proposed facility complies with, or is exempt from applicable 
regulations administered by the Federal Aviation Administration (FAA), Federal Communications 
Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of 
Public Health. 

4140. Design Requirements . Wireless communications facilities shall conform to the following 
requirements: 

4141. All monopoles shall be designed to be constructed at the minimum height necessary to accommodate 
the anticipated and future use. The setback of a monopole from the property line of the lot on which it is 
located shall be at least equal to the height of the monopole. 

4142. No monopole, or attached accessory antenna on a monopole, shall exceed one hundred twenty (120) 
feet in height as measured from ground level at the base of the pole. No monopole shall be constructed 
which requires guy wires. Monopoles shall not be located on buildings. 

4143. Antennas or dishes located on nonresidential buildings shall not exceed ten (10) feet in height above 
the roof-line of the structure. Satellite dishes and/or antennas shall be situated on or attached to a structure 
in such a manner that they are screened, preferably not being visible from abutting streets. 



113 



4144. All wireless communications facilities shall be sited in such a manner that the view of the facility 
from adjacent abutters, residential neighbors and other areas of Town shall be as limited as possible. No 
monopole shall be visible from any location within the Historic District. All monopoles and dishes shall be 
painted or otherwise colored so they blend in with the landscape or the structure on which they are located 
and existing on-site vegetation shall be preserved to the maximum extent possible. 

4145. There shall be a minimum of one (1) parking space for each facility, to be used in connection with 
the maintenance of the site, and not to be used for the permanent storage of vehicles or other equipment. 
Traffic associated with any wireless communication facility shall not adversely affect abutting ways. 

4146. Wireless communications facilities shall be designed to accommodate the maximum number of 
users technologically practical, so as to reduce the number of facilities which will be required to be located 
within the community. 

4147. Fencing shall be provided to control access to wireless communications facilities and shall be 
compatible with the character of the Town and shall not be of razor wire. The fence shall be surrounded 
by a screen of plantings of sufficient density and height so as to shield the fence from view. 

4148. There shall be no signs, except for announcement signs, no trespassing signs and a required sign 
giving a phone number where the owner can be reached on a twenty-four (24) basis. All signs shall 
conform with Section 3300 of the Chelmsford Zoning By-law, Signs and Outdoor Lighting. 

4149. Night lighting of towers shall be prohibited unless required by the Federal Aviation Administration. 
Lighting shall be limited to that needed for emergencies and/or as required by the FAA. 

4150. Special Permit Review . Applications for Special Permits may be approved where the Board of 
Appeals determines compliance with the requirements set forth herein. When considering an application 
for a wireless communication facility, the Board of Appeals shall place great emphasis on the proximity of 
the facility to residential neighborhoods and its impact on these residences. New facilities shall only be 
considered after a finding that existing (or previously approved) facilities cannot accommodate the 
proposed use(s). When considering an application for an antenna or dish proposed to be placed on a 
structure, the Board shall place great emphasis on the visual impact of the unit from the abutting 
neighborhoods and street(s). 

E. deleting existing Section 5000 regarding facilitated and independent senior living and substituting 

therefor a new Section 4500. 

4500. FACILITATED AND INDEPENDENT SENIOR LIVING. 

4510. Purpose. Facilitated and Independent Senior Living facilities are allowed in a variety of zoning 
districts by special permit from the Board of Appeals. The intent of the by-law is to provide the opportunity 
for the development of the types of multi-family and communal housing most beneficial for the senior and 
elder population of Chelmsford. 

4511. Facilitated Living Facilities provide private or communal lodging for persons requiring limited 
medical attention or supervision and who ordinarily are ambulatory. These include, but are not limited to 
Assisted Living facilities, Alzheimer's facilities and Congregate Living facilities. 

4512. Independent Senior Living facilities are intended to provide a safe, suitable age restricted dwelling 
unit for a senior couple or individual who are able to live independently. Open space preservation is an 
important facet of Independent Senior Living projects, and is meant to provide the residents of the project 
with opportunities for active and passive recreation. 

4520. Standards. The following dimensional standards shall apply to Facilitated and Independent Senior 
Living Facilities: 



114 





RM 


CA 


CB 


CC 


CD 


IA 


Minimum lot area (acres) 1 


5 


5 


5 


5 


5 


7 


Minimum lot width (ft.) 


150 


125 


150 


200 


50 


150 


Minimum lot depth (ft.) 


150 


125 





200 





150 


Minimum frontage (ft.) 


150 


125 


150 


200 


50 


150 


Minimum front yard (ft.) 


40 


20 


60 


60 


20 


40 


Minimum side yard (ft.) 


25 


40 


40 


40 


40 


40 


Minimum rear yard (ft.) 


30 


40 


40 


40 


40 


40 


Minimum building separation (ft.) 


25 


25 


25 


25 


25 


25 


Maximum building coverage (%) 


35 


35 


35 


35 


35 


35 


Maximum building height (ft.) 


35 


35 


35 


35 


35 


35 


Minimum open space - Independent Senior Living (%) 


10 


30 


30 


30 


30 


30 


Maximum number of units per acre - Facilitated 
Living 3 


7 


7 


7 


7 


7 


7 


Maximum number of units per acre - Independent 
Senior Living 


7 


4 


4 


4 


4 


4 



4530. General Standards. 

4531. The entire site shall be a size and shape as shall provide a housing site that will be in harmony with 
the natural terrain and other features of the site, and will preserve natural vistas and the character of the 
neighborhood. 

4532. No site on a plan for which an approval is granted under this section may be subdivided so as to 
create additional lots. A notation to that effect shall be shown on the site plan. 

4533. Sites abutting residentially zoned land shall provide a landscaped buffer strip fifty (50) feet in width 
or a strip as set forth in Section 3531, whichever is larger, to provide adequate screening for adjacent 
properties. No structure, driveway, parking area or sidewalk shall be located in the landscaped 
buffer strip. A smaller buffer may be allowed by special permit from the Planning Board where such 
smaller buffer is determined to promote the objectives of this Section 4500. 



' A smaller lot size may be allowed by special permit from the Planning Board where such smaller lot is 
determined to promote the objectives of this Section 4500. 

2 Or twice the building height, whichever is greater. 

3 Up to 10 units per acre may be allowed by special permit from the Planning Board where increase is 
determined to promote the objectives of this Section 4500. 

4 Exclusive of open space requirement. Tract size minus open space requirement minus 
wetlands/floodplain not included in open space requirement times units per acre equals maximum number 
of units per tract. 



115 



4534. Driveways and parking areas within the development shall be constructed in accordance with 
Section 3100. Sidewalks conforming to the Planning Board Subdivision Rules and Regulations shall be 
required by the Planning Board. Additional requirements linking pedestrian circulation systems may be 
required by the Planning Board. 

4536. Buildings shall be designed to be complementary in exterior design with each other and with the 
existing neighborhood in which the facility is located. Dwellings constructed under this section shall not be 
eligible for subsequent conversion to conventional apartments with the exception of projects in the RM 
district. 

4537. The method(s) of implementing age restrictions of seniors and elders must be to the satisfaction of 
the Board of Appeals and the Planning Board. . 

4538. The Planning Board may set additional site security and safety requirements as deemed necessary to 
ensure the security and safety of the residents of the facility. 

4540. Open Space Requirements . The minimum required open space set forth in Section 4520 shall be 
contiguous open space, excluding required yards and buffer areas. Such open space may be separated by 
the road(s) constructed within the site. The percentage of the open space which is wetlands, as defined 
pursuant to G.L. c. 131, s. 40, shall not normally exceed the percentage of the tract which is wetlands; 
provided, however, that the applicant may include a greater percentage of wetlands in the open space upon 
a demonstration that such inclusion promotes the purposes set forth in this Section 4500. 

4541. The required open space shall be used for conservation, historic preservation and education, outdoor 
education, recreation, park purposes, agriculture, horticulture, forestry, or for a combination of these uses, 
and shall be served by suitable access for such purposes. 

4542. The required open space shall remain unbuilt upon, provided that ten percent (10%) of such open 
space may be paved or built upon for structures accessory to the dedicated use or uses of such open space, 
pedestrian walks, and bikepaths. 

4543. Underground utilities to serve the site may be located within the required open space. 

4544. The required open space shall, at the Planning Board's election, be conveyed to 

a. the Town of Chelmsford or its Conservation Commission; 

b. a nonprofit organization, the principal purpose of which is the conservation of open space and any 
of the purposes for such open space set forth above; 

c. a corporation or trust owned jointly or in common by the owners of lots within the site. If such 
corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in 
perpetuity. Maintenance of the open space and facilities shall be permanently guaranteed by such 
corporation or trust which shall provide for mandatory assessments for maintenance expenses to 
each lot. Each such trust or corporation shall be deemed to have assented to allow the Town of 
Chelmsford to perform maintenance of the open space and facilities, if the trust or corporation 
fails to provide adequate maintenance, and shall grant the town an easement for this purpose. In 
such event, the town shall first provide fourteen (14) days written notice to the trust or corporation 
as to the inadequate maintenance, and, if the trust or corporation fails to complete such 
maintenance, the town may perform it. The owner of each lot shall be deemed to have assented to 
the town filing a lien against each lot in the development for the full cost of such maintenance, 
which liens shall be released upon payment to the town of same. Each individual deed, and the 
deed or trust or articles of incorporation, shall include provisions designed to effect these 
provisions. Documents creating such trust or corporation shall be submitted to the Planning Board 
for approval, and shall thereafter be recorded in the Registry of Deeds. 

4545. Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be 
subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept 
in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or 
recreational purposes, and that it shall be maintained in a manner which will ensure its suitability for its 
intended purposes. 



116 



4550. Standards for Independent Senior Living . A minimum of 33% of the units in a project shall comply 
with ADA accessibility standards to all living areas. 



UNDER ARTICLE 23. Michael McCall moved to waive the reading of the article. Motion carried, 
unanimously. Susan Carter Chairman of the Planning Board explained that this article's purpose is to 
amend sections of the zoning by-law so it fully complies with current State statures. She further explained 
that the fines for zoning violations will now be $300. Where before it was $100. Site Plan Review now 
will be in conformance with case law, and longer considered a special permit. A majority approval of 
members present at hearing is all that is now needed. The permit expiration has been increased from one 
year to two years. The Moderator asked for the various recommendations. The Finance Committee had no 
recommendation. The Board of Selectmen recommended the article. Susan Carter said that the Planning 
Board recommended the article as stated under article 22. The Moderator asked for a vote by way of a 
show of hands, he declared the motion carried, by recognizing the 2/3 's vote by-law. 

The article reads as follows: 

Robert Morse of the Master Plan By-Law Review Committee moved that the Town vote to amend the 
Chelmsford Zoning Bylaw by: 

deleting existing Section 1200 regarding administration and substituting therefor a new Section 5100; 

5100. ADMINISTRATION. 

5110. Permits . This By-Law shall be administered by the Inspector of Buildings. Pursuant to the State 
Building Code, the Inspector of Buildings may require such plans and specifications as may be necessary to 
determine compliance with all pertinent laws of the Commonwealth. Buildings, structures or signs may not 
be erected, substantially altered, moved, or changed in use and land may not be substantially altered or 
changed in principal use without written certification by the Inspector of Buildings that such action is in 
compliance with then-applicable zoning, and that all necessary permits have been received under federal, 
state, or local law. Issuance of a Building Permit or Certificate of Use and Occupancy, where required 
under the Commonwealth's State Building Code, may serve as such certification. 

5120. Enforcement . The Inspector of Buildings shall institute and take any and all such action as may be 
necessary to enforce full compliance with any and all of the provisions of this By-Law and of permits and 
variances issued thereunder, including notification of noncompliance and request for legal action through 
the Selectmen or Town Manager to Town Counsel, or action pursuant to Article I, Section 2 of the Town of 
Chelmsford General By-Laws allowing non-criminal disposition of violations. 

5130. Penalties . The penalty for violation of any provision of this By-Law, of any of the conditions under 
which a permit is issued, or of any decision rendered by the Board of Appeals shall be Three Hundred 
dollars ($300.00) for each offense. Each day that each violation continues shall constitute a separate 
offense. 

deleting existing Section 1400 regarding planning board and site plan review and substituting therefor a 
new Section 5400; 

5400. SITE PLAN REVIEW. 

5410. Applicability . The following types of activities and uses require site plan review by the Planning 
Board: 

5411. Construction, exterior alteration or exterior expansion of, or change of use within, a municipal, 
institutional, commercial, industrial, or multi-family structure involving more than 500 square feet. For the 
purposes of this section change of use shall mean a change from one principal use listed in the Use 
Regulations Schedule, Section 2230, to another listed use which results in an increase in required parking 
or invokes the Aquifer Protection District, Section 4200; 

5412. Construction or expansion of a parking lot for a municipal, institutional, commercial, industrial, or 
multi-family structure or purpose; 



117- 



5413. Grading or clearing more than ten percent (10%) of a lot, except for the following: landscaping on a 
lot with an existing structure or a proposed single or two family dwelling; clearing necessary for 
percolation and other site tests, work incidental to agricultural activity, work in conjunction with an 
approved subdivision plan, or work pursuant to an earth removal permit. 

5420. Exemptions . 

5421. A building wholly or partially destroyed may be rebuilt without recourse to this section if rebuilt 
without change to the building footprint or the square footage of usable space. 

5430. Procedures . 

543 1 . Use, Structure, or Activity Available As of Right. An application for a building permit to perform 
work as set forth in Section 54 1 available as of right shall be accompanied by an approved Site Plan. 
Prior to the commencement of any activity set forth in Section 5410 available as of right, the project 
proponent shall obtain site plan approval from the Planning Board. Applicants for site plan approval shall 
submit twelve (12) full size sets and eight (8) reduced size sets of the site plan to the Planning Board for 
review. 

5432. The Planning Board shall review and act upon the site plan, with such conditions as may be deemed 
appropriate, within sixty (60) days of its receipt, and notify the applicant of its decision. The decision of 
the Planning Board shall be upon a majority of those present and shall be in writing. No building permit 
shall be issued by the Inspector of Buildings without the written approval of the site plan by the Planning 
Board, or unless 60 days lapse from the date of the submittal of the site plan without action by the Planning 
Board. 

5433. Use or Structure Available by Special Permit or Variance. An application for a special permit or a 
variance to perform work as set forth in Section 5410 shall be accompanied by an approved Site Plan. 
Applicants for site plan approval shall submit twelve (12) full size sets and eight (8) reduced size sets of the 
site plan to the Planning Board for review. The Planning Board shall publish a legal notice no less than 
five (5) days before the public hearing and shall notify all abutters and abutters to abutters within 300 feet. 

5434. The Planning Board shall review and act upon the site plan, with such conditions as may be deemed 
appropriate, within sixty (60) days of its receipt, and notify the applicant of its decision. The decision of 
the Planning Board shall be upon a majority of those present and shall be in writing. No special permit or 
variance shall be issued by the Board of Appeals without the written approval of the site plan by the 
Planning Board, or unless 60 days lapse from the date of the submittal of the site plan without action by the 
Planning Board, unless extended by the Planning Board. Where the Planning Board approves a site plan 
"with conditions", and said site plan accompanies a special permit or variance application to the Board of 
Appeals, the conditions imposed by the Planning Board shall be incorporated into the issuance, if any, of a 
special permit or variance by the Board of Appeals. 

5435. Where the Planning Board serves as the special permit granting authority, it shall consolidate its site 
plan review and special permit procedures. Applicants must meet the submission requirements of section 
5433. 

5436. An application for site plan approval shall be accompanied by a fee, as set forth in the Planning 
Board's Rules and Regulations. 

5437. The applicant may request, and the Planning Board may grant by majority vote, an extension of the 
time limits set forth herein. A copy of the extension shall be provided to the Board of Appeals. 

5438. No deviation from an approved site plan shall be permitted without modification thereof. 

5440. Preparation of Plans . Site Plans shall be submitted on 24-inch by 36-inch sheets. Plans shall be 
prepared by a Registered Professional Engineer, Registered Land Surveyor, Architect, or Landscape 
Architect, as appropriate. Dimensions and scales shall be adequate to determine that all requirements are 
met and to make a complete analysis and evaluation of the proposal. All plans shall have a minimum scale 
of 1"=20*. 

5450. Contents of Plan. The contents of the site plan are as follows: 



118 



5451. Five (5) separate plans prepared at a scale of one (1) inch equals twenty (20) feet or such other scale 
as may be approved by the Planning Board. The plans are as follows: 

a. Site layout, which shall contain the boundaries of the lot(s) in the proposed development, proposed 
structures, drives, parking, fences, walls, walks, outdoor lighting, loading facilities, and areas for snow 
storage after plowing. The first sheet in this plan shall be a locus plan, at a scale of one (1) inch equals 
one hundred (100) feet, showing the entire project and its relation to existing areas, buildings and roads 
for a distance of one thousand (1,000) feet from the project boundaries or such other distance as may 
be approved or required by the Planning Board. 

b. Topography and drainage plan, which shall contain the existing and proposed final topography at 
two-foot intervals and plans for handling stormwater drainage. 

c. Utility and landscaping plan, which shall include all facilities for refuse and sewerage disposal or 
storage of all wastes, the location of all hydrants, fire alarm and firefighting facilities on and adjacent 
to the site, all proposed recreational facilities and open space areas, and all wetlands including 
floodplain areas or resource protection areas subject to protection by the Wetlands Protection Act. 

d. Architectural plan, which shall include all floor plans and architectural elevations of all proposed 
buildings and a color rendering. 

e. Landscaping plan, showing the limits of work, existing tree lines, and all proposed landscape features 
and improvements including screening, planting areas with size and type of stock for each shrub or 
tree, and including proposed erosion control measures. 

5452. The site plan shall be accompanied by a written statement indicating the estimated time required to 
complete the proposed project and any and all phases thereof. There shall be submitted a written estimate, 
showing in detail the costs of all site improvements planned. 

5453. A written summary of the contemplated projects shall be submitted with the site plan indicating, 
where appropriate, the number of dwelling units to be built and the acreage in residential use, the evidence 
of compliance with parking and off-street loading requirements, the forms of ownership contemplated for 
the property and a summary of the provisions of any ownership or maintenance thereof, identification of all 
land that will become common or public land, and any other evidence necessary to indicate compliance 
with this by-law. 

5454. The site plan shall be accompanied by drainage calculations by a registered professional engineer. 
Storm drainage design must conform to Town of Chelmsford subdivision regulations. 

5455. The Planning Board may require narrative assessments of the on-site and off-site impacts of the 
proposed project, including traffic, drainage, noise, and other environmental factors. The Planning Board 
may require that such narrative assessments be prepared by qualified experts. 

5456. Certification that the proposal is in full compliance with the provisions, if applicable, of the 
Americans with Disabilities Act and the Massachusetts Architectural Barriers Board. 

5460. Waiver of Technical Compliance . The Planning Board may, upon written request of the applicant, 
waive any of the technical requirements of Section 5440 where the project involves relatively simple 
development plans or constitutes a minor site plan. 

5470. Minor site plan . Applications for permits to build, alter or expand any nonresidential building, 
structure or use in any district where such construction will exceed a total gross floor area of five hundred 
(500) square feet but not exceed a total gross floor area of three thousand (3000) square feet, or will not 
generate the need for more than ten (10) parking spaces, shall be deemed a minor site plan. For the 
purposes of computing the total gross floor area of a minor site plan, the Inspector of Buildings shall 
aggregate all such applications made within the five (5) previous calendar years. Minor site plans shall set 
forth all of the information required by Section 5440; provided, however, that the scale of the site plan may 
be 1' = 100', unless greater detail is needed for clarity, and the plan may depict topographical contours at 
intervals available on maps provided by the United States Geological Survey or Town of Chelmsford 
topographic maps. 



119 



5471. Minor site plans shall be referred to the applicable town agencies at the discretion of the Planning 
Board. 

5480. Approval . Site Plan approval shall be granted upon determination by the Planning Board that the 
plan meets the following objectives. The Planning Board may impose reasonable conditions at the expense 
of the applicant, including performance guarantees, to promote these objectives. Any new building 
construction or other site alteration shall provide adequate access to each structure for fire and service 
equipment and adequate provision for utilities and stormwater drainage consistent with the functional 
requirements of the Planning Board's Subdivision Rules and Regulations. New building construction or 
other site alteration shall be designed in the Site Plan, after considering the qualities of the specific location, 
the proposed land use, the design of building form, grading, egress points, and other aspects of the 
development, so as to: 

5481. Minimize the volume of cut and fill, the number of removed trees 6" caliper or larger, the length of 
removed stone walls, the area of wetland vegetation displaced, soil erosion, and threat of air and water 
pollution; 

Maximize pedestrian and vehicular safety both on the site and egressing from it. 

5483. Minimize obstruction of scenic views from publicly accessible locations; 

5484. Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service 
areas viewed from public ways or premises residentially used or zoned; 

5485. Minimize glare from headlights and lighting intrusion; 

5486. Minimize unreasonable departure from the character, materials, and scale of buildings in the 
vicinity, as viewed from public ways and places. 

5487. Minimize contamination of groundwater from on-site waste-water disposal systems or operations on 
the premises involving the use, storage, handling, or containment of hazardous substances; 

5488. Ensure compliance with the provisions of this Zoning By-Law, including parking and landscaping. 

5490. Lapse . Site plan approval shall lapse after two (2) years from the grant thereof if a substantial use 
thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended 
in writing by the Planning Board upon the written request of the applicant. 

5490A. Regulations . The Planning Board may adopt and from time to time amend reasonable regulations 
for the administration of these Site Plan guidelines. 

deleting existing Section 1500 regarding special permits and substituting therefor a new Section 5300; 

5300. SPECIAL PERMITS AND VARIANCES. 

5310. Special Permit Granting Authority . Unless specifically designated otherwise, the Board of Appeals 
shall act as the Special Permit Granting Authority. 

5320. Criteria . Special permits shall be granted by the Special Permit Granting Authority, unless otherwise 
specified herein, only upon its written determination that the adverse effects of the proposed use will not 
outweigh its beneficial impacts to the town or the neighborhood, in view of the particular characteristics of 
the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth 
in this By-Law, the determination shall include consideration of each of the following: 

5321. Social, economic, or community needs which are served by the proposal; 

5322. Traffic flow and safety, including parking and loading; 

5323. Adequacy of utilities and other public services; 

5324. Neighborhood character and social structures; 

5325. Impacts on the natural environment; and 

5326. Potential fiscal impact, including impact on town services, tax base, and employment. 



120- 



5330. Procedures . Whenever an application for a special permit is filed with a special permit granting 
authority, said authority shall distribute copies of the application, accompanying site plan, and other 
documentation, to the Board of Health, Conservation Commission, Inspector of Buildings, Director of 
Public Works, Police Chief, Fire Chief, Sewer Commission, Planning Board/Board of Appeals (whichever 
is not the Special Permit granting authority) and applicable water district for their consideration, review, 
and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. 

5331. An application shall not be deemed complete until all copies of required information and 
documentation have been filed with the special permit granting authority. 

5332. The special permit granting authority shall notify applicants by registered mail, within 14 days of 
submittal, of incomplete application status, and the applicant shall have 14 days from the mailing of such 
notice to complete an application. Failure to complete an application within such time shall be deemed 
nonsubmittal of the application, without prejudice. 

5333. Reports from other boards and officials shall be submitted to the special permit granting authority by 
the date of the public hearing. Failure of these reviewing parties to make recommendations after having 
received copies of all such required materials shall be deemed a lack of opposition thereto. 

5334. The Decision/Findings of the special permit granting authority shall contain, in writing, an 
explanation for any departures from the recommendations of any reviewing party. 

5340. Conditions . Special permits may be granted with such reasonable conditions, safeguards, or 
limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may 
deem necessary to serve the purposes of this By-Law. 

5350. Plans . An applicant for a special permit shall submit a plan in substantial conformance with the 
requirements of Section 5440, herein. 

5351. The provisions of this Section 5350 shall not apply to applications for special permits to reconstruct, 
extend, alter, or structurally change a nonconforming single or two family structure. The Board of Appeals 
may establish procedures governing such applications by regulation. 

5360. Lapse . Special permits shall lapse if a substantial use thereof or construction thereunder has not 
begun, except for good cause, within two (2) years following the filing of the special permit approval (plus 
such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from 
the grant thereof) with the Town Clerk. 

Variances . Procedural requirements for variances shall follow 5330. 

deleting existing Section 1700 regarding court appeals in its entirety; 

deleting existing Section 2400 regarding nonconforming uses and structures and substituting therefor a new 
Section 2260; 

2260. Nonconforming Uses and Structures . 

2261. Applicability. This zoning by-law shall not apply to structures or uses lawfully in existence or 
lawfully begun, or to a building or special permit issued before the first publication of notice of the public 
hearing required by G.L. c. 40A, s. 5 at which this zoning by-law, or any relevant part thereof, was adopted. 
Such prior, lawfully existing nonconforming uses and structures may continue, provided that no 
modification of the use or structure is accomplished, unless authorized hereunder. 

2262. Nonconforming Uses. The Board of Appeals may award a special permit to change a 
nonconforming use in accordance with this section only if it determines that such change or extension shall 
not be substantially more detrimental than the existing nonconforming use to the neighborhood. The 
following types of changes to nonconforming uses may be considered by the Board of Appeals: 

a. Change or substantial extension of the use; 

b. Change from one nonconforming use to another, less detrimental, nonconforming use. 



-121 - 



2263. Nonconforming Structures. The Board of Appeals may award a special permit to reconstruct, 
extend, alter, or change a nonconforming structure in accordance with this section only if it determines that 
such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the 
existing nonconforming structure to the neighborhood. The following types of changes to nonconforming 
structures may be considered by the Board of Appeals: 

a. Reconstructed, extended or structurally changed; 

b. Altered to provide for a substantially different purpose or for the same purpose in a substantially 
different manner or to a substantially greater extent; 

c. Reconstructed after a catastrophe, provided that the owner shall apply for a building permit and start 
operations for reconstruction on said premises within two years after such catastrophe, and provided 
that the building(s) as reconstructed shall be only as great in volume or area as the original 
nonconforming structure. 

2264. The reconstruction, extension or structural change of a nonconforming structure in such a manner as 
to increase an existing nonconformity, or create a new nonconformity, including the extension of an 
exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance 
of a variance from the Board of Appeals. 

2265. Nonconforming Single and Two Family Residential Structures. Nonconforming single and two 
family residential structures may be reconstructed, extended, altered, or structurally changed upon a 
determination by the Inspector of Buildings that such proposed reconstruction, extension, alteration, or 
change does not increase the nonconforming nature of said structure. In the event that the Inspector of 
Buildings determines that the nonconforming nature of such structure would be increased by the proposed 
reconstruction, extension, alteration, or change, the Board of Appeals may, by special permit, allow such 
reconstruction, extension, alteration, or change where it determines that the proposed modification will not 
be substantially more detrimental than the existing nonconforming structure to the neighborhood. Extension 
or alteration of nonconforming single and two family structures shall be allowed by right so long as such 
extension or alteration is within the existing footprint. 

2266. Abandonment or Non-Use. A nonconforming use or structure which has been abandoned, or not 
used for a period of two years, shall lose its protected status and be subject to all of the provisions of this 
zoning by-law. 

2267. Reversion to Nonconformity. No nonconforming use shall, if changed to a conforming use, revert to 
a nonconforming use. 

deleting existing Section 2530 regarding isolated lots in its entirety. 

UNDER ARTICLE 24. Dwight Hayward moved that the reading of the article be waived. Motion carried, 
unanimously. Robert Morse explained that this article consists of sections that have been moderately 
revised in order to comply with Master Plan Goals. Added to required exempt uses Child Care Facility. 
Motel- Hotel by special permit in IA district. Added Adult Day Care and Group Residence. Delete 
contractors yard in commercial district and add to Industrial District by special permit. Delete Refuse 
incinerator, sanitary landfill from IS. Stricter standards for demonstrating conventional zoning build-out, 
from which the total number of houses allowed for the POS is calculated. Open space may be transferred 
to Town as permanent open space. Minimum lot size may be reduced from 20,000 sq. ft to 12,000 sq. ft 
to increase the amount of potential open space and allow more flexible house placement Susan Carter sent 
over the definitions. The Moderator asked for the various recommendations. The Finance Committee had 
no recommendation. The Board of Selectmen recommended the article. Susan Carter said that the Planning 
Board recommended the article as stated under article 22. The Moderator asked for a vote by way of a 
show of hands, he declared the motion carried, by recognizing the 2/3 's vote by-law. 

The article reads as follows: 

Robert Morse of the Master Plan By-Law Review Committee moved that the Town vote to amend the 
Chelmsford Zoning Bylaw by: 



122 



A. deleting existing Sections 2210, 2220 and 2300 regarding use regulations and substituting therefor new 
Sections 2210, 2220 and 2230 respectively in order to bring the sections into conformance with actual 
development patterns and the recommendations of the 1996 Master Plan; 

2200. USE REGULATIONS . 

2210. General . No structure shall be erected or used or land used except as set forth in Section 2230, "Use 
Regulation Schedule", or in Section 2240, "Accessory Uses", unless exempted by this by-law or by statute. 
Uses not expressly provided for herein are prohibited. Not more than one principal structure shall be 
placed on a lot, except in accordance with Section 2340. 

Symbols employed below shall mean the following: 

Y A permitted use. 

N An excluded or prohibited use. 

BA A use authorized under special permit from the Board of Appeals as provided under Section 5300. 

PB A use authorized under special permit from the Planning Board as provided under Section 5300. 

2220. Applicability . When an activity might be classified under more than one of the following uses, the 
more specific classification shall govern; if equally specific, the more restrictive shall govern. 



-123- 



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■^ ,s» u to 



C. deleting existing Section 4700 regarding planned open space residential development and substituting therefor a new 
Section 4600. The changes simplify the language and procedures of the section. 

4600. PLANNED OPEN SPACE DEVELOPMENT. 

4610. Purpose . Planned Open Space Developments, hereinafter known as POS, may be allowed by special permit by the 
Planning Board for the purpose of providing attractive, convenient, efficient neighborhoods and to promote the conservation 
of open space and the efficient use of land in harmony with its natural features. 

4620. General Standards . 

4621. The tract of land proposed for a POS shall contain a minimum often (10) acres. These proposals shall be permitted 
only within a subdivision as defined in G.L. c. 41, s. 81L. 

4622. Number of Dwelling Units. The maximum number of dwelling units allowed shall be equal to the number of lots 
which could reasonably be expected to be developed upon that parcel under a conventional plan in full conformance with all 
zoning, subdivision regulations, health regulations, wetlands regulations and other applicable requirements. The proponent 
shall have the burden of proof with regard to the design and engineering specifications for such conventional plan. 

4623. If any part of a dwelling or accessory building in a POS is proposed to be located within one hundred (100) feet of the 
perimeter of such development, such building(s) shall be located so as to comply with the minimum yard dimensions for 
principal and accessory buildings for the applicable zoning district. 

4624. Minimum lot area shall be 12,000 square feet. Minimum frontage shall be 50 feet. Minimum side yards shall be 12 
feet. Minimum front and rear yards shall be 20 feet. Lots having reduced area or frontage shall not have frontage on a street 
other than a street created by a subdivision involved. 

4625. All streets in a POS shall be improved in accordance with the requirements and specifications of the subdivision 
regulations. Driveways and other paved areas intended to remain in private ownership shall be approved as to design and 
construction standards by the Planning Board. 

4626. A written agreement or contract to be executed between the developer and the Town of Chelmsford shall be submitted 
at the final stage of the subdivision review stating: 

a. That the owner or developer will construct the development and install improvements both public and private in 
accordance with the approved plan. A bond shall be posted to guarantee completion. 

b. That in the event of failure of the owners, successors, or assigns to maintain any common open space, recreation areas, 
landscaping features or other required improvements the town may enter said development and perform such necessary 
maintenance work and charge the cost, including attorney fees to the owner, successor, or assigns. 

c. That this contract shall be binding upon the heirs, assigns, successors or receivers of the development and shall constitute 
a lien on the property in the development. 

d. Any other conditions required by the Planning Board. 

4627. A site plan, in addition to the final subdivision plan, shall be recorded after the POS is approved. As a minimum this 
site plan shall show the entire development indicating lots, roads, easements, open space, phases for development, any 
recreational uses or buildings to the constructed in the open space and any ponds, streams or wetlands. This plan shall be 
approved by the Planning Board before it is recorded. 

4628. Buffer Areas. All dwellings and structures shall be located a minimum of 50 feet from adjacent properties, and 100 
feet from adjacent surface waters or wetlands. Buffer areas shall be retained in their natural vegetative state to the maximum 
extent feasible, except where adjacent to agriculturally used property. 

4630. Open Space Requirements . A minimum of twenty-five (25%) of the site shall be contiguous open space, excluding 
required yards and buffer areas. Such open space may be separated by the road(s) constructed within the site. The 
percentage of the open space which is wetlands, as defined pursuant to G.L. c. 131, s. 40, shall not normally exceed the 
percentage of the tract which is wetlands; provided, however, that the applicant may include a greater percentage of wetlands 
in the open space upon a demonstration that such inclusion promotes the purposes set forth in this Section 4600. 

4631. The required open space shall be used for conservation, historic preservation and education, outdoor education, 
recreation, park purposes, agriculture, horticulture, forestry, or for a combination of these uses, and shall be served by 
suitable access for such purposes. 

4632. The required open space shall remain unbuilt upon, provided that ten percent (10%) of such open space may be paved 
or built upon for structures accessory to the dedicated use or uses of such open space, pedestrian walks, and bikepaths. 

4633. Underground utilities to serve the site may be located within the required open space. 

-130- 



4634. The required open space shall, at the Planning Board's election, be conveyed to 

a. the Town of Chelmsford or its Conservation Commission; 

b. a nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes 
for such open space set forth above; 

c. a corporation or trust owned jointly or in common by the owners of lots within the site. If such corporation or trust 
is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of the open space 
and facilities shall be permanently guaranteed by such corporation or trust which shall provide for mandatory 
assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented 
to allow the Town of Chelmsford to perform maintenance of the open space and facilities, if the trust or corporation 
fails to provide adequate maintenance, and shall grant the town an easement for this purpose. In such event, the 
town shall first provide fourteen (14) days written notice to the trust or corporation as to the inadequate 
maintenance, and, if the trust or corporation fails to complete such maintenance, the town may perform it. The 
owner of each lot shall be deemed to have assented to the town filing a lien against each lot in the development for 
the full cost of such maintenance, which liens shall be released upon payment to the town of same. Each individual 
deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. 
Documents creating such trust or corporation shall be submitted to the Planning Board for approval, and shall 
thereafter be recorded in the Registry of Deeds. 

4635. Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a 
recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall 
be preserved for exclusively agricultural, horticultural, educational or recreational purposes, and that it shall be maintained in 
a manner which will ensure its suitability for its intended purposes. 

4640. Homeowners Association . The applicant or developer shall provide for and establish a homeowners association as a 
nonprofit organization or other legal entity under the laws of Massachusetts for the use, care and maintenance of lands and 
improvements. Membership in the association shall be mandatory for all landowners within the POS, and each lot shall be 
entitled to equal representation. The association shall be formed prior to conveyance of the first lot, in a form acceptable to 
the Planning Board. 

4650. Certificates or Documents . The following certificates or documents shall be submitted to the Planning Board: 

4651. Copies of any proposed management policies and existing or proposed deed restrictions or covenants running with the 
land in the development. 

4652. A description of any existing easement, covenants, or restrictions affecting land within the development and an 
instrument conveying any easements required as condition of approval to the town. 

4660. Disclosure . Prior to approval by the Planning Board, the developer must file and have approval by the Planning Board 
a sample purchase and sale agreement which shall be used for the purchase of individual lots and dwellings. Said agreement 
shall include a conspicuous type the following; 

The property is part of a POS subject to the zoning by-law and the subdivision regulations of the Town of Chelmsford. The 
purchaser and subsequent owners of the property are subject to the requirements therein contained. The purchaser shall be 
required to be a member of a homeowners association, shall be subject to rules and regulations of said association and shall 
be liable for any applicable assessment made by or against said association. The ultimate liability for the open space falls on 
the individual lot owner. 

The purchase and sale agreement shall further contain a statement by the seller that the purchaser has been provided with a 
copy of the documents pertinent to the POS and a prospectus which shall summarize in layman's language of the information 
contained therein. 

4670. Decision . The Planning Board shall not approve a POS development in an established single-family neighborhood 
where, in their determination, such land use will be inconsistent with or will have a detrimental effect upon the surrounding 
property. If the Planning Board denies a POS based on this section they shall identify this as the reason for denial. 

4671. Approval under this Section 4600 does not relieve the applicant from conformance with the Subdivision Control Law. 
No part of the construction of a POS shall begin until the plan of such development has been granted final approval by the 
Planning Board in accordance with the subdivision regulations. The developer shall submit with the request for a POS an 
alternate plan(s) for developing the site as a conventional subdivision at the presubmission review and preliminary plan 
stages of the subdivision process which shall adhere to all subdivision requirements. The Planning Board may establish 
additional rules and regulations to govern the POS and the filing of additional material or information. 

D. deleting existing Article V regarding definitions and substituting therefor a new Article VI. These changes add definitions 
for previously undefined terms and clarify other definitions. 

-131- 



Article VI. Definitions. 

In this by-law, the following terms and constructions shall apply unless a contrary meaning is required by the context or is 
specifically prescribed in the text of the by-law. Words used in the present tense include the future. The singular includes 
the plural and the plural includes the singular. The word "shall" is mandatory and "may" is permissive or discretionary. The 
word "and" includes "or" unless the contrary is evident from the text. The word "includes" or "including" shall not limit a 
term to specified examples, but is intended to extend its meaning to all other instances, circumstances, or items of like 
character or kind. The word "lot" includes "plot"; the word "used" or "occupied" shall be considered as though followed by 
the words "or intended, arranged, or designed to be used or occupied". The words "building," "structure," "lot," or "parcel," 
shall be construed as being followed by the words "or any portion thereof." The word "person" includes a firm, association, 
organization, partnership, company, or corporation, as well as an individual. Terms and words not defined herein but defined 
in the Commonwealth of Massachusetts state building code shall have the meaning given therein unless a contrary intention 
is clearly evident in this by-law. 

Accessory building: A subordinate building located on the same lot as the main, or principal building or principal use, the 
use of which is customarily incidental to that of the principal building or use of the land. 

Accessory use: A use customarily incidental to that of the main or principal building or use of the land. 

Adult day care facility: A building or structure where care, protection, and supervision are provided, on a regular schedule, 
to adults over the age of 18. 

Adult entertainment establishments: Shall include and be defined as follows: 

Adult bookstore: An establishment having as a substantial or significant portion of its stock in trade printed matter, books, 
magazines, picture periodicals, motion picture films, video cassettes, computer compact disks, computer disks or diskettes, or 
coin-operated motion picture machines for sale, barter or rental which are distinguished or characterized by their emphasis on 
matters depicting, describing or relating to "sexual conduct" as that term is defined in Chapter 272, section 3 1 G.L., "sexual 
devices" or an establishment having for sale sexual devices which shall mean any artificial human penis, vagina or anus or 
other device primarily designed promoted or marketed to physically stimulate or manipulate the human genitals, pubic area 
or anal area, including dildos, penisators, vibrators, penis rings, erection enlargement or prolonging creams or other 
preparations or an establishment with a segment or section devoted to the sale or display of such materials. 

Adult live entertainment establishments: Establishments which feature live entertainment which consists of entertainers 
engaging in "sexual conduct" or "nudity" as defined in Chapter 272, section 31, G.L. 

Adult motion picture theater: An enclosed building with a capacity of fifty (50) or more persons used for presenting material 
distinguished or characterized by an emphasis on matter depicting, describing or relating 'sexual conduct" as defined in 
Chapter 272, section 31, G.L., for observation by patrons therein. 

Adult mini motion picture theater: An enclosed building with a capacity for less than fifty (50) persons used for presenting 
material distinguished or characterized by emphasis on matter depicting, describing or relating to 'sexual conduct" as defined 
in Chapter 272, section 31, G.L., for observation by patrons therein. 

Substantial or significant portion shall mean at least that portion of: 

(i) retail sales accounting for at least twenty- five percent of gross sales; or 

(ii) merchandise accounting for at least twenty-five percent of total merchandise available for sales; or 

(iii) shelf space and display space which when combined is in excess of eighty (80) square feet. 

Agricultural use, nonexempt: Agricultural use of property not exempted by G.L. c. 40A, s. 3. 

Alterations: As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or 
an enlargement whether by extending on a side or by increasing in height, or the moving from one (1) location or position to 
another. 

Alzheimer's facility: A facility providing treatment and communal lodging for more than four (4) unrelated persons who have 
been diagnosed by a medical doctor as having Alzheimer's disease, but who do not require the skilled nursing care typically 
provided by a nursing home. 

Animal clinic or hospital: A place where animals or pets are given medical or surgical treatment and the boarding of animals 
is limited to short term care incidental to the clinic or hospital use. 

Animal kennel or hospital: Premises used for the harboring and/or care of more than three (3) dogs or other domestic, 
non-farm animals (three months old or over). Use shall be so classified regardless of the purpose for which the animals are 
maintained, whether fees are charged or not, and whether the use is a principal or accessory one. 

- 132- 



Assisted living facility: A facility providing private multifamily dwellings or communal lodging for more than four (4) 
unrelated persons requiring assistance with the activities of daily living, such as aid or assistance with bathing, 
dressing/grooming, ambulation, eating, toileting or other similar tasks, as defined by G.L. c. 19D, s. 1. 

Barn sale, garage sale, yard sale or flea market: Temporary use of residential, institutional, or industrial premises for sale of 
personal property. 

Boarding house: A dwelling or part thereof in which lodging is provided by the owner or operator to more than four (4) 
boarders. Where four (4) or more unrelated individuals rent a dwelling, it shall be considered a boarding house. 

Building: A structure enclosed within exterior walls or firewalls, built, erected, and framed of a combination of any 
materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals, or property. For 
the purposes of this definition, "roof shall include an awning or any similar covering, whether or not permanent in nature. 

Building coverage: That percentage of the lot or plot area covered by the roof area of a building or buildings. 

Building height: The vertical distance from the grade to the highest point of the roof. When a building faces more than one 
street, the height shall be measured from the average of the grade at the center line of each sheet front. Not included are 
spires, cupolas, antennae, or similar parts of structures that do not enclose potentially habitable floor space. 

Building, principal: A building in which is conducted the main or principal use of the lot on which said building is situated. 

Business or professional office: A building or part thereof, for the transaction of business or the provision of services 
exclusive of the receipt, sale, storage, or processing of merchandise. 

Campground: An area or tract of land on which accommodations for temporary occupancy are located or may be placed, 
including cabins, tents, and major recreational equipment, which is primarily used for recreational purposes and retains on 
open air or natural character. 

Child Care Facility: A day care center or school age child care program, as those terms are defined in G.L. c. 28A, s. 9. 

Commercial recreation, indoor: A structure for recreational, social or amusement purposes, which may include as an 
accessory use the consumption of food and drink, including all connected rooms or space with a common means of egress 
and entrance. Places of assembly shall include theaters, concert halls, dance halls, skating rinks, bowling alleys, health clubs, 
dance studios, or other commercial recreational centers conducted for or not for profit. 

Commercial recreation, outdoor: Drive-in theater, golf course/driving range, miniature golf, bathing beach, sports club, 
horseback riding stable, boathouse, game preserve, marina or other commercial recreation carried on in whole or in part 
outdoors, except those activities more specifically designated in this By-Law. 

Congregate living facility: A facility providing communal lodging for more than four (4) unrelated elders in a non- 
institutional residential shared living environment which integrates shelter and services needed by the functionally impaired 
or socially isolated elder who does not require the constant supervision or intensive health care services as provided in a 
nursing home. The shared living environment shall include at least the following: (a) shared kitchen facilities; and (b) shared 
dining facilities. Each bedroom shall be considered one (1) unit. 

Club or lodge: Buildings, structures and premises used by a nonprofit social or civic organization, or by an organization 
catering exclusively to members and their guests for social, civic, recreational, or athletic purposes which are not conducted 
primarily for gain and provided there are no vending stands, merchandising, or commercial activities except as may be 
required generally for the membership and purposes of such organization. 

Contractor's yard: Premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication 
of subassemblies, and parking of wheeled equipment. 

Dwelling: A building designed and occupied as the living quarters of one (1) or more families. Single- and two-family 
dwellings shall be designed for and occupied by not more than one (1) or two (2) families, respectively. A multifamily 
dwelling shall be one designed for and occupied by three (3) or more families. 

Earth removal: Extraction of sand, gravel, top soil, or other earth for sale or for use at a site removed from the place of 
extraction exclusive of the grading of a lot preparatory to the construction of a building for which a building permit has been 
issued, or the grading of streets in accordance with an approved definitive plan, and exclusive of granite operations. 

Educational use, nonexempt: Educational facilities not exempted from regulation by G.L. c. 40A, s. 3. 

Erect: To build, construct, reconstruct, move upon, or conduct any physical development of the premises required for a 
building; to excavate, fill, drain, and the like preparation for building shall also be considered to erect. 



133- 



Essential services: Services provided by a public service corporation or by governmental agencies through erection, 
construction, alteration, or maintenance of gas, electrical, steam, or water or sewer transmission or distribution systems and 
collection, communication, supply, or disposal systems whether underground or overhand, but not including wireless 
communications facilities. Facilities necessary for the provision of essential services include poles, wires, drains, sewers, 
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment in connection 
therewith. 

Facilitated living facility: Shall include assisted, Alzheimer's and congregate living facilities. 

Family: Any number of individuals living and cooking together on the premises as a single housekeeping unit. 

Family day care home: Any private residence which on a regular basis receives for temporary custody and care during part 
or all of the day, children under seven (7) years of age or children under sixteen (16) years of age if such children have 
special needs. Provided, however, in either case, that the total number of children shall not exceed more than six (6), 
excluding participating children living in the residence. 

Farm stand, nonexempt: Facility for the sale of produce, wine and dairy products on property not exempted by G.L. c. 40A, 
s. 3. 

Floor area, gross: The sum of the horizontal areas of the floors of a building or several buildings on the same lot measured 
from the exterior face of exterior walls, or from the centerline of the wall separating two buildings, not including any space 
where the floor to ceiling height is less than seven feet three inches. 

Floor area, net: the aggregate horizontal area in square feet of all floors of a building or several buildings on the same lot, 
measured from the exterior faces of the walls enclosing each building; and exclusive of the cellars and attic areas used only 
for storage, bathrooms, stairwells, elevators, mechanical rooms, or areas for service incidental to the operation or 
maintenance of the building. 

Floor area ratio: The ratio of the gross floor area of the building or buildings on one lot to the total area of the lot. 

Funeral home: Facility for the conducting of funerals and related activities such as embalming. 

Group residence: A facility licensed by the Commonwealth of Massachusetts serving not more than twenty-five (25) persons. 

Granite operations: The removal and processing of granite for construction use, not including stone crushing. 

Hazardous material: Any substance which is listed in, but not limited to, the EPA priority pollutants as described in section 
307(a) of the Clean Water Act, as amended. 

Home occupation: An occupation, business, trade, service or profession which is incidental to and conducted in a dwelling 
unit or in a building or other structure accessory thereto, by a resident thereof. 

Impervious: Any area impenetrable by surface water. 

Independent living facility: A facility providing an independent, age restricted dwelling for a retired or senior individual or 
couple. In addition to bed space, such facilities would ordinarily include private toilet, bath, food preparation facilities and a 
private dining area. 

Junk: Any article or material or collection thereof which is worn out, cast off or discarded and which is ready for destruction 
or has been collected or stored for salvage or conversion. Any article or material which, unaltered or unchanged and without 
further reconditioning can be used for its original puipose as readily as when new shall not be considered junk. 

Junkyard or automobile graveyard: The use of any area or any lot, whether inside or outside of a building, for the storage, 
keeping, or abandonment of junk, scrap or discarded materials, or the dismantling, demolition, or abandonment of 
automobiles, other vehicles, machinery, or parts thereof. 

Kennel: An establishment in which more than three (3) dogs or domesticated animals are housed, groomed, bred, boarded, 
trained or sold located on at least five (5) acres of land. 

Light manufacturing: Fabrication, assembly, processing, finishing work or packaging. 

Lot: A continuous parcel of land with legally definable boundaries. 

Lot area: The horizontal area of the lot exclusive of any area in a street or recorded way open to public use. At least eighty 
(80) percent of the lot area required for zoning compliance shall be contiguous land other than that under any water body, 
bog, swamp, wet meadow, marsh, or other wetland, as defined in section 40, Chapter 131, G.L, as amended. When the 
distance between any two (2) points on lot lines is less than fifty (50) feet, measured in a straight line, the smaller portion of 
the lot which is bounded by such straight line shall not be considered in computing the minimum lot area unless the distance 
along such lot lines between such two points is less than one hundred fifty (150) feet. See accompanying diagram, below. 

- 134- 



Figure 1 : Minimum lot area 



130'+130'> 150' 

(Hatched area 

is not used in minimum 




40'+40'< 150' (Shaded 
area is used in minimum 
area calculation) 



Sideline of nght-of- 



Lot, corner: A lot with two (2) adjacent sides abutting upon streets or other public spaces. 

Lot, depth of: The mean distance from the street line of the lot to its opposite rear line measured in the general direction of 
the side lines of the lot. 

Lot, frontage of: A lot line coinciding with the sideline of a street which provides both legal rights of vehicular access and 
physical vehicular access to the lot, said line to be measured continuously along a single street or along two (2) intersecting 
streets if their angle of intersection is greater than one hundred and twenty (120) degrees. Vehicular access to a building site 
on the lot shall be exclusively through the frontage of the lot. 

Lot line: A line dividing one lot from another, or from a street or any public place. 

Lot, width of: The horizontal distance between side lot lines, measured parallel to the lot frontage at the front yard setback 
line. 

Major Recreational Equipment: Campers, trailers or other recreational vehicles. 

Massage service establishments: (i) Massage. Any method of pressure on or friction against, or stroking, kneading, rubbing, 
tapping, pounding, vibrating, or stimulating of external parts of the human body with the hands or with the aide of any 
mechanical or electric apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniment 
antiseptics, oils, powders, creams, lotions, ointment or other such similar preparations commonly used in the practice of 
massage under such circumstances that it is reasonably expected that the person to whom the service is provided, or some 
third person on his or her behalf, will pay money or give any other consideration or any gratuity therefor; (ii) The practice of 
massage shall not include the following individuals while engaged in the personal performance of duties of their respective 
professions: (a) Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their 
respective professions in the Commonwealth of Massachusetts; (b) Nurses who are registered under the laws of the 
Commonwealth of Massachusetts; (c) Barbers and beauticians who are duly licensed under the laws of the Commonwealth of 
Massachusetts, except that this exclusion shall apply solely to the massage of the neck, face, scalp and hair of the customer or 
client for cosmetic or beautifying purposes; (d) Massage therapists who are duly permitted to practice under the Rules and 
Regulations of the Chelmsford Board of Health. 

Medical center or clinic: A building designed and used for the diagnosis and treatment of human patients that does not 
include overnight care facilities. 

Mobile home: A dwelling built upon a chassis, containing complete electrical, plumbing and sanitary facilities, and designed 
without necessity of a permanent foundation for year-round living, irrespective of whether actually attached to a foundation 
or otherwise permanently located. 



135 



Motel or hotel: A building or buildings intended and designed for transient, overnight or extended occupancy, divided into 
separate units within the same building with or without a public dining facility. If such hotel or motel has independent 
cooking facilities, such unit shall not be occupied by any guest for more than four (4) continuous months, nor may the guest 
reoccupy any unit within thirty (30) days of a continuous four-month stay, nor may the guest stay more than six (6) months in 
any calendar year. No occupant of such hotel or motel may claim residency at such location. 

Motor vehicle, body repair: An establishment, garage or work area enclosed within a building where repairs are made or 
caused to be made to motor vehicle bodies, including fenders, bumpers and similar components of motor vehicle bodies, but 
does not include the storage vehicles for the cannibalization of parts. 

Motor vehicle, general repairs: Premises for the servicing and repair of autos, but not to include fuel sales. 

Motor vehicle, light service: Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services, but not to 
include body work, painting, or major repairs. 

Municipal facilities: Facilities owned or operated by the Town of Chelmsford. 

Nonfamily accommodations: Boarding houses, lodging houses, guest houses, tourist homes, dormitories, half-way houses, or 
similar accommodations. Accommodations shall be considered hotels or motels if having a sign in excess of two (2) square 
feet or other departure from residential character; or, if having specified term of residence less than one (1) week. 
Accommodations individually having a stove and either or both a refrigerator and a sink shall be considered dwelling units. 

Nursery school: A school designed to provide daytime care or instruction for two (2) or more children from two (2) to five 
(5) years of age inclusive and operated on a regular basis. 

Nursing or convalescent home: Any building with sleeping rooms where persons are housed or lodged and furnished with 
meals and nursing care for hire. 

Open lot storage: Outdoor storage of bulk goods and products for distribution but not for sale on the premises. 

Open space, landscaped: That part or parts of a lot designed and developed with trees, plants, shrubs, flowers, grass, 
groundcover, and other landscape features, including natural features of the site, walks, terraces, and open areas otherwise 
free of any structures or pavement. Such landscaped open space as is provided shall be maintained by the owner throughout 
the duration of his or her tenure. 

Parking garage: A structure which is accessory to a commercial or industrial establishment and is primarily for the parking 
and storage of vehicles operated by the customers, visitors and employees of such an establishment. 

Recharge area: An area of geologic deposits through which water from the surface can infiltrate through the soil to the 
groundwater. These geologic deposits generally consist of stratified sand and gravels. 

Refuse incinerator: An engineered apparatus with grate area in excess often (10) square feet used to burn waste and in which 
all combustion factors, temperature, retention time, turbulence and combustion can be controlled which is approved by the 
Massachusetts Department of Public Health and the Chelmsford Board of Health. 

Restaurant: A building, or portion thereof, containing tables and/or booths for at least two-thirds (2/3) of its legal capacity, 
which is designed, intended and used for the indoor sales and consumption of food prepared on the premises, except that food 
may be consumed outdoors in landscaped terraces, designed for dining purposes, which are adjuncts to the main indoor 
restaurant facility. The term "restaurant" shall not include "fast food establishments." 

Restaurant, fast- food: An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly 
to the customer in a ready to consume state for consumption either within the restaurant building or off premises and usually 
requires ordering food at a counter. 

Retail: A facility selling goods but not specifically listed in 2230, the Table of Use Regulations. 

Riding academy: An establishment where horses are kept for sale, riding, driving, or stabling, for compensation or incidental 
to the operation of a club, association, or similar establishment. 

Salvage yard: Property where motor vehicles are junked, dismantled or stored for later dismantling or distribution. 

Sanitary landfill: A site for solid waste disposal approved by the Massachusetts Department of Public Health and the 
Chelmsford Board of Health. Disposal of raw sewage and similar waste items are not permitted. 

Senior or Elder: An individual who is 60 years of age or over. 

Sign: Any device designed to inform or attract the attention of persons not on the premises on which the device is located. 
Any building surfaces other than windows that are internally illuminated or decorated with gaseous tube or other lights are 
considered "signs." The following, however, shall not be considered signs within the context of this by-law: 

-136- 



(a) Flags and insignia of any government except when displayed in connection with commercial promotion. 

(b) Legal notices, or informational devices erected or required by public agencies. 

(c) Temporary devices erected for a charitable or religious cause, provided they are removed within seven (7) days of 
erection. 

(d) Temporary displays inside windows, covering not more [than] thirty (30) percent of window area, illuminated by 
building illumination only. 

(e) Standard gasoline pumps bearing thereon in usual size and form the name, type, and price of gasoline. 

(f) Integral decorative or architectural features of a building, except letters, trademarks, moving parts, or parts internally 
illuminated or decorated with gaseous tube or other lights. 

(g) Devices identifying a building as distinct from one (1) or more of its occupants, such device being carved into or 
attached in such a way as to be an integral part of the building, not illuminated separate from building illumination, 
without color contrasting with sign background, and not exceeding four (4) square feet in area. 

(h) Address identification through numerals or letters not exceeding three (3) inches in height. 

Sign area: The area of the smallest horizontally or vertically oriented rectangle which could enclose all the display area of 
the sign, together with any backing different in color or material from the finish material of the building face, without 
deduction for open space or other irregularities. Structural members not bearing advertising matters hall not be included 
unless internally or decoratively lighted. Only one side of flat, back-to-back signs need be included in calculating sign area. 

Solid waste disposal facility: Refuse transfer station, composting plant, solid waste recycling operation and any other works 
or use approved by the Massachusetts Department of Public Health and the Board of Health of the Town of Chelmsford for 
processing, handling, treating, and disposing of solid or liquid waste materials, including garbage, rubbish, junk, discarded 
bulk items, and sludges but not raw sewage, and similar waste items. 

Street: An accepted town way, or a way established by or maintained under county, state, or federal authority, or a way 
established by a subdivision plan approved in accordance with the subdivision control law, or a way determined by the 
Planning Board to have sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular 
traffic in relation to the proposed use of the land, and for the installation of municipal services to serve such land and the 
buildings erected or to be erected thereon. 

Structure: A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, 
retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast for radio antenna or the 
like. 

Temporary structure: A structure without any foundation or footings to be removed within a twelve-month time period. Said 
structure shall conform to the requirements of the intensity schedule of section 2300 and shall receive a permit from the 
Building Inspector. 

Toxic materials: A combination of pollutants including disease-carrying agents, which after discharge and upon exposure, 
ingestion, inhalation, and assimilation into any organism can cause death, disease, mutations, deficiencies, or malfunctions in 
such organisms or their offspring. 

Transport terminal: Terminal facilities for handling freight with or without maintenance facilities. 

Warehouse: A building used primarily for the storage of goods and materials, for distribution, but not for sale on the 
premises. 

Wireless communications facility: Monopoles, satellite dish(es) over three (3) feet in diameter, antennas, and accessory 
structures which facilitate the provision of wireless communication service. 

Wireless communication service: The provision of cellular telephone service, personal communication service and enhanced 
mobile radio service. 

Wood operation: Forests, wood lots, portable woodworking mills and machinery located on the property for use in 
connection with the forest and wood lot operations of the owner only, with products stored not within one hundred ( 1 00) feet 
of the street line. 

Yard: A space open to the sky, located between a building or structure and a lot line, unoccupied except by fences, walls, 
poles, paving, and other customary yard accessories. 

Yard, front: A yard extending the full width of the lot and situated between the street line and the nearest point of the 
building. 

-137- 



Yard, rear: A yard the full width of the lot and situated between the rear line of the lot and the nearest part of the main 
building projected to the side line of the lot. 

Yard, side: A yard situated between the nearest point of the building and the side line of the lot and extending from the front 
yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. 

UNDER ARTICLE 25. Dwight Hayward moved that the reading of the article be waived. Motion carried, unanimously. 
Susan Carter went over the purpose of the article. She explained that the changes addressed in this article extensively revised 
in order to meet the Master Plan Goals. Erosion measures and improved parking lot landscaping and buffer requirements 
have been improved. George Merrill questioned the use of the word Building Commissioner instead of Building Inspector. 
Andrew Sheehan explained that this was wording advised by the Committee's consultant Mark Bobrowski. The Moderator 
asked for the various recommendations. The Finance Committee had no recommendation. The Board of Selectmen 
recommended the article. Susan Carter said that the Planning Board recommended the article as stated under article 22. The 
Moderator asked for a vote by way of a show of hands, he declared the motion carried, by recognizing the 2/3 's vote by-law. 

The article reads as follows: 

Robert Morse of the Master Plan By-Law Review Committee moved that the Town vote to amend the Chelmsford Zoning 
Bylaw by: 

A. deleting existing Section 3200 regarding environmental protection standards and substituting therefor a new Section 
3400, which is similar to the existing section and adds a new section related to erosion control; 

3400. ENVIRONMENTAL PROTECTION STANDARDS. 

3410. General . No activity shall be permitted in any district unless it shall be in conformity with the standards for 
environmental protection included herein. The Inspector of Buildings may require an applicant for a building or occupancy 
permit to supply, at his expense, such technical evidence as is necessary in support of the application, and may, in connection 
therewith, and at the applicant's expense, obtain expert advice as necessary to review the plans and proposals of the 
applicant. Payment of such expert advice to the Inspector of Buildings shall be made, or guaranteed by bond or other legally 
binding device, before further consideration of the application shall continue. After a permit is issued in accordance with this 
section, continuing compliance is required. When the Inspector of Buildings suspects a subsequent violation he may, as 
necessary obtain expert advice, which if the violation is established, shall be paid for by the violator, otherwise, by the town. 

3420. Standards . The following standards are hereby established. 

342 1 . Water quality. No discharge at any point into any public sewer, private sewerage disposal system, stream, water body, 
or into the ground, of any materials of such nature or temperature as can contaminate such water body or water supply, or 
cause emission of dangerous or offensive elements in reaction thereto, shall be permitted except in accordance with 
applicable federal, state, and local health and water pollution control laws and regulations. 

3422. Air quality. No building or occupancy permit shall be issued for any facility specified in Regulation 2.3, "Regulations 
as Amended for The Control of Air Pollution in the Merrimack Valley Air Pollution District," Commonwealth of 
Massachusetts, Department of Public Health, Bureau of Air Quality Control, until written approval for the facility has been 
obtained from the Department of Public Health. The provisions of said regulations shall apply to dust, flash, gas, fume, mist, 
odor, smoke, vapor, pollen, microorganism, radioactive material, radiation, heat, sound, any combination thereof, or any 
decay or reaction product thereof in the ambient air space. 

3423. Noise. No use shall be permitted within the Town of Chelmsford which, by reason of excessive noise generated 
therefrom, would cause nuisance or hazard to persons or property. Exempt from the provisions of this subsection are (a) 
vehicles not controlled by an owner or occupant of a lot within the town, (b) temporary construction activities occurring 
during the hours of 7 a.m. to 6 p.m. on weekdays, (c) occasionally used safety signals, warning devices, emergency pressure 
relief valves, or other such temporary activity, (d) use of power tools and equipment such as lawn mowers, snow-blowers, 
chain saws, tractors, and similar equipment for the maintenance of property. For the purposes of this by-law the standards in 
the Noise Table shall apply: 



138 



NOISE TABLE 



FOR SOUNDS GENERATED CONTINUOUSLY 
FROM ANY SOURCE 

NOT OTHERWISE EXEMPTED ABOVE, AND 
MEASURED: 


MAXIMUM PERMITTED SOUND LEVELS (IN 
DBA): (dBA shall mean the A-weighted sound 
pressure levels in decibels, as measured by a general 
purpose sound level meter complying with the 
provision of "American National Standards Institute." 
The instrument shall be properly calibrated and set to 
the A-weighted response scale, and the meter set to the 
slow response. Reference pressure shall be 0.0002 
microbars.) 


At the lot line of an adjacent or nearby residence or 
institutional use, weekdays during the hours of 7 a.m. 
to 6 p.m. 


60 


At the lot lme of an adjacent or nearby residence or 

institutional use, Sundays or during the hours 
of 6 p.m. to 7 a.m. weekdays 


50 


At the lot line of an adjacent business use 


65 


At the lot lme of an adjacent industrial use 


70 



a. Exceptions for intermittent noise. The levels (dBA) specified in the Noise Table may be exceeded by ten (10) dBA, 
weekdays during the hours of 7 a.m. to 6 p.m., but not at any other time, for a period not to exceed twenty (20) minutes 
during any one ( 1 ) day. 

b. Impact noise. Impact noise such as from a punch press, drop forge hammer, or similar equipment, shall be measured 
using the fast response of the sound level meter, and shall not exceed the levels specified in the Noise Table by more 
than ten (10) dBA. 

3424. Solid waste storage. Any accessory receptacle or structure with holding capacity of at least one hundred (100) cubic 
feet for temporary storage of solid or liquid waste materials, including garbage, rubbish, junk, discarded bulk items and 
similar waste items shall be located not less than ten (10) feet from any structure and shall be screened from all adjacent 
premises and streets from which it would otherwise be visible in accordance with subsection 3542 of this by-law. Screening 
materials will not be attached to any structure. 

3425. No vibration, odor, glare, or flashing shall be detectable without instruments at any lot line of a residential or 
institutional use. 

3426. Cinders, dust, fumes, gases, odors, smoke, radiation, refuse or other waste materials shall be effectively confined to 
the premises and treated or disposed of in accordance with state, federal, and town laws and regulations. 

3427. No process shall be used which creates visual or audible interference in any radio or television receivers off the 
premises or causes fluctuations in excess of ten ( 1 0) percent in line voltage off the premises. 

3428. All activities involving, and all storage of, inflammable and explosive materials shall be provided with adequate safety 
devices against hazards from fire and explosion, and with adequate fire fighting and fire suppression equipment standard in 
this industry. Burning of waste materials in the open contrary to state law is prohibited. 

3429. All materials which may be edible by or attractive to rodents or insects shall, when stored in or outdoors, be stored in 
tightly closed containers. 

3430. Erosion Control . Site design, materials, and construction processes shall be designed to avoid erosion damage, 
sedimentation, or uncontrolled surface water runoff by conformance with the following: 



139- 



3431. Grading or construction which will result in final slopes of 15% or greater on 50% or more of lot area, or on 30,000 
square feet or more on a single lot, even if less than half the lot area, shall be allowed only under special permit from the 
Planning Board, which shall be granted only upon demonstration that adequate provisions have been made to protect against 
erosion, soil instability, uncontrolled surface water runoff, or other environmental degradation. Applications and plans for 
such special permits shall be referred to the Conservation Commission for its advisory review. 

3432. All such slopes exceeding 15% which result from site grading or construction activities shall either be covered with 
topsoil to a depth of 4 inches and planted with vegetative cover sufficient to prevent erosion or be retained by a wall 
constructed of masonry, reinforced concrete or treated pile or timber, or other acceptable means. 

3433. No area or areas totaling 2 acres or more on any parcel or contiguous parcels in the same ownership shall have existing 
vegetation clear-stripped or be filled 6 inches or more so as to destroy existing vegetation unless in conjunction with 
agricultural activity, or unless necessarily incidental to construction on the premises under a currently valid building permit, 
or unless within streets which are either public or designated on an approved subdivision plan, or unless a special permit is 
approved by the Planning Board on condition that runoff will be controlled, erosion avoided, and either a constructed surface 
or cover vegetation will be provided not later than the first full spring season immediately following completion of the 
stripping operation. No stripped area or areas which are allowed by special permit shall remain through the winter without a 
temporary cover of winter rye or similar plant material being provided for soil control, except in the case of agricultural 
activity where such temporary cover would be infeasible. 

3434. The Building Commissioner may require the submission of all information from the building permit applicant or the 
landowner, in addition to that otherwise specified herein, necessary to ensure compliance with these requirements, including, 
if necessary, elevations of the subject property, description of vegetative cover, and the nature of impoundment basins 
proposed, if any. 

3435. In granting a special permit hereunder, the Planning Board may require a performance bond to ensure compliance with 
the requirements of this Section. 

3436. Hillside areas, except naturally occurring ledge or bedrock outcroppings or ledge cuts, shall be retained with vegetative 
cover or appropriate stabilization. 

B. deleting Section 3420 regarding screening and substituting therefor a new Section 3500 related to landscaping for non- 
residential uses. 

3500. GENERAL LANDSCAPING REQUIREMENTS. 

3510. Purpose . This Section 3500 is designed to accomplish the following objectives: 

3511. To provide a suitable boundary or buffer between residential uses and districts and nearby nonresidential uses; 

3512. To define the street edge and provide visual connection between nonresidential uses of different architectural styles; 

3513. To separate different and otherwise incompatible land uses from each other in order to partially or completely reduce 
potential nuisances such as dirt, dust, litter, noise, glare from motor vehicle headlights, intrusion from artificial light 
(including ambient glare), or view of signs, unsightly buildings or parking lots; 

3514. To provide visual relief and a source of shade in parking lots and other areas, and protection from wind in open areas; 

3515. To preserve or improve the visual and environmental character of Chelmsford, as generally viewed from residential or 
publicly accessible locations; and 

3516. To offer property owners protection against diminution of property values due to adjacent nonresidential use. 

3520. Applicability . The requirements of this section shall apply to any nonresidential use and to multifamily dwellings. The 
requirements set forth in Section 3500 may be reduced by special permit issued by the Planning Board upon a finding that 
such reduction will not detract from the objectives of this Section 3500. 

3530. Landscaping Requirements for Property Lines . 

3531. Property line(s) with residential uses or districts shall be screened from nonresidential uses by means of plantings or 
maintenance of trees of a species common to the area and appropriate for screening, spaced to minimize visual intrusion, and 
providing an opaque year-round visual buffer between uses. Such plantings shall be provided and maintained by the owner 
of the property used for nonresidential purposes. The buffer area may contain walks, sewerage, and wells, but no part of any 
building structure, or paved space intended for or used as a parking area may be located within the buffer area. Planted 
buffer areas along property lines with residential districts or uses shall be of the following minimum depth in each district: 



140 



DISTRICT 


RM 


CA 


CB 


CC 


CD 


IA 


IS 


RMH 


CX 


p 


OS 


Distance in ft. 


20 


20 


30 


50 


50 


50 


50 


30 


30 


30 


10 



3540. Landscaping Requirements for Parking Areas . 

3541. Parking areas with more than 10 spaces shall contain 150 square feet of planted area for every 1000 square feet of 
pavement related to parking spaces and aisles. Such planted areas shall be appropriately situated within the parking area and 
contain an appropriate mix of shade trees and other plants. 

3542. Parking lots, loading areas, storage areas, refuse storage and disposal areas, and service areas shall be screened from 
view, to the extent feasible, from all public ways, and from adjacent properties, by the use of planted areas, berms, natural 
contours, fences or a combination of the above. 

3543. Buffer strips between parking lots and rear or side lot lines shall meet the following specifications: 



Number of Spaces in Lot 


Depth of Buffer Strip 


Up to 10 


10 feet 


11-24 


10 feet plus one foot for each space in excess of 10 
spaces 


25 or more 


25 feet 



3550. Landscaping Requirements for Street Frontage of Nonresidential Uses . A landscaped buffer area, except for approved 
access ways, at least twenty feet in width as measured from the layout of the roadway providing frontage, shall be 
established. The buffer area shall be planted with grass, medium height shrubs, and shade trees. Shade trees shall be planted 
at least every 35 feet along the road frontage. 

3560. Planted Area Requirements . Planted Areas shall contain an appropriate mix of the following types of plants. Plant 
species shall be appropriate to proposed use, siting, soils, and other environmental conditions. Where the Planning Board 
determines that the planting of trees is impractical, the permit applicant may substitute shrubbery for trees. 

3561. Shrubs and hedges shall be at least 2.5 feet in height at the time of planting, and have a spread of at least 18 inches. 

3562. Grass is preferable to mulch where practical. 

3563. Existing trees with a caliper of six inches (6") or more shall be preserved wherever feasible. 

3564. Deciduous trees shall be at least two (2") inches in caliper as measured six (6") inches above the root ball at time of 
planting. Deciduous trees shall be expected to reach a height of 20 feet within ten years after planting. Evergreens shall be a 
minimum of eight (8') feet in height at the time of planting. 

3570. Coordination with Site Plan Approval . The Planning Board may require a landscaping plan as part of the overall site 
plan for the premises. Such landscaping plan shall be at a scale sufficient to determine compliance with the specifications set 
forth in this Section 3500. 

3580. Maintenance of Landscaped Areas . The owner of the property used for nonresidential purposes shall be responsible for 
the maintenance, repair and replacement of all landscaping materials installed in accordance with this section. All plant 
materials required by this chapter shall be maintained in a healthy condition. Dead limbs, refuse and debris shall be promptly 
removed. Dead plantings shall be replaced with new live plantings at the earliest appropriate season. Bark mulch and 
nonplant ground surface materials shall be maintained so as to control weed growth. 



141 



UNDER ARTICLE 26. Dwight Hayward moved that the reading of the article be waived. Motion carried. Susan Carter, 
Chairman of the Planning Board explained the article. In the future land area will be more valuable then the actual home that 
is built upon it. If an older home is demolished or a cape is expanded beyound 4,000 square feet of habital space , then a site 
plan review will be needed. The would allow abutters to address any issues. The Planning Board has been having a lot of 
two lot subdivisions come before them. Due to the cost of road construction which runs $250.00 per linea foot, a developer 
needs two built two homes to pay for the road cost. The Board felt that by allowing the development of a rear lot by way of 
a special permit, will allow a contractor to cut down on road construction and only one house will be built. Andrew Sheehan 
explained that a new district had been added to the Aquifer Protection District map. The Moderator asked for the various 
recommendations. The Finance Committee had no recommendation. The Board of Selectmen recommended the article. 
Susan Carter said that the Planning Board recommended the article as stated under article 22. The Moderator asked for a vote 
by way of a show of hands, he declared the motion carried, by recognizing the 2/3 's vote by-law. 

The article reads as follows: 

Robert Morse of the Master Plan By-Law Review Committee moved that the Town vote to amend the Chelmsford Zoning 
Bylaw by: 

A. inserting a new Section 5414 regarding site plan review for certain single family dwellings; 

5414. Construction or exterior expansion of a single or two family structure that will result in habitable space of more than 
4000 square feet on a lot which held a single or two family structure within the past two years. Construction which does not 
increase the floor area shall not be subject to the provisions of this section. 

B. inserting a new Section 2370 regarding the creation of rear lots; 

2370. Rear Lots . Rear lots shall be allowed only in the RA and RB Districts by special permit issued by the Planning Board. 
Individual lots need not have the required amount of street frontage, provided that all of the following conditions can be met 
for each individual lot lacking such frontage: 

2371. The area of said lot is at least 80,000 square feet. 

2372. The front, rear, and side yards shall be at least 40 feet. 

2373. A building line is designated on the plan, and the width of the lot at that line equals or exceeds 125 feet. 

2374. Lot width is at no point less than 50 feet, and lot frontage is not less than 50 feet. No section of the lot with a width of 
less than 100 feet shall be used to compute the minimum lot area set forth above. 

2375. Not more than one (1) rear lot shall be created from a property, or a set of contiguous properties held in common 
ownership as of [date of town meeting]. In order to be eligible for a rear lot, such property or set of contiguous properties 
held in common ownership as of [date of town meeting] shall not have been divided after such date. No further division of 
said property or properties shall be permitted after the creation of a rear lot. Documentation to this effect shall be submitted 
to the Building Inspector. The Building Inspector shall not issue a building permit for any rear lot without first establishing 
that compliance with this provision has been determined by the Planning Board. 

2376. At the time of the creation of the rear lot, it shall be held in common and contiguous ownership with the front lot. 

2377. There shall be a turnaround at the house site suitable for an SU30 vehicle. There shall be a pullout on the access 
driveway every 250 feet. 

C. amending Section 4230 regarding the aquifer protection district map by deleting reference to the map entitled "Aquifer 
Protection District Town of Chelmsford, dated October 1997" and substituting therefor a new map entitled "Aquifer 
Protection District, August 1998". This change would amend the aquifer protection district to include the recharge area for 
the proposed Chelmsford Water District well located at Barnes Terrace. 

Seeing that there was no further business at hand the Moderator declared the meeting over and moved to adjourn. He asked 
for a show of hands, motion carried, unanimously. The meeting adjourned at 9:40 PM 



Dennis E. McHugh, Moderator 



Mary E. St.Hilaire, Town Clerk 



- 142 



Warrant for State Election November 3, 1998 



COMMONWEALTH OF MASSACHUSETTS 

WILLIAM FRANCIS GALVIN SECRETARY OF THE COMMONWEALTH 

MIDDLESEX, SS 

To the Constable of the Town of Chelmsford 

Greetings: 

In the name of the Commonwealth aforesaid, you are hereby requested to notify and warn the legal voters of said Chelmsford 
to meet in their several polling places, VIZ 

Precinct 1 South Row Elementary School Cafetorium 

Precinct 2 Harrington Elementary School Gymnasium 

Precinct 3 Harrington Elementary School Gymnasium 

Precinct 4 Westlands School Cafetorium 

Precinct 5 Byam School Cafetorium 

Precinct 6 Westlands School Cafetorium 

Precinct 7 McCarthy Middle School, Small Gymnasium 

Precinct 8 McCarthy Middle School, Small Gymnasium 

Precinct 9 South Row Elementary School Cafetorium 



On Tuesday the 3 rd day of November 1998, from 7:00 a.m. until 8:00 p.m. for the following purposes. 
To cast their votes in the State Election for the candidates of political parties for the following offices: 



GOVERNOR 

LT. GOVERNOR 

ATTORNEY GENERAL 

SECRETARY 

TREASURER 

AUDITOR 

REPRESENTATIVE IN CONGRESS 

COUNCILLOR 

SENATOR IN GENERAL COURT 

REPRESENTATIVE IN GENERAL COURT 

DISTRICT ATTORNEY 

SHERIFF 



FOR THE COMMONEALTH 



5' Congressional District 

3 r Councillor District 

5 th Middlesex Senatorial District 

1 6 Middlesex Representative district 

Northern District 

Middlesex County 



QUESTIONS 

#1 Setting Compensation of State Legislators 

#2 Public Campaign Financing 

#3 Tax Rate on Interest and Dividend Income 

#4 electric Utility Industry Restructuring 

For complete warrant information see original documents on file in the Town Clerk's Office 



143- 



State Election November 3, 1998 



Governor & Lt. Governor 


Prel 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


47 


18 


20 


13 


26 


23 


23 


22 


17 


209 


Cellucci & Swift 


831 


652 


863 


756 


874 


910 


978 


833 


910 


7607 


Harshbarger & Tolman 


531 


424 


564 


507 


547 


647 


567 


537 


532 


4856 


Cook & Israel 


29 


25 


21 


17 


28 


21 


11 


29 


34 


215 


Write-in 





1 


3 





6 


4 


2 





5 


21 


Misc 


4 


1 











1 











6 


Total 


1442 


1121 


1471 


1293 


1481 


1606 


1581 


1421 


1498 


12914 


Attorney General 


Pre 1 


Pre 2 


Pre 3: 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


77 


51 


68 


55 


84 


63 


58 


66 


65 


587 


Brad Bailey 


542 


396 


507 


483 


538 


544 


619 


552 


609 


4790 


Thomas F. Reilly 


822 


672 


896 


755 


856 


997 


904 


800 


823 


7525 


Write-In 





2 








3 


1 





1 


1 


8 


Misc 


1 














1 





2 





4 


Total 


1442 


1121 


1471 


1293 


1481 


1606 


1581 


1421 


1498 


12914 


Secretary Of State 


Pre 1 


Pre 2 


Pre3i 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


111 


81 


113 


92 


120 


116 


106 


101 


108 


948 


William Francis Galvin* 


841 


715 


918 


782 


887 


997 


910 


834 


858 


7742 


Dale C. Jenkins, Jr 


411 


260 


371 


347 


406 


410 


507 


426 


465 


3603 


David L. Atkinson 


79 


64 


69 


71 


67 


82 


58 


57 


66 


613 


Write-In 





1 








1 


1 





1 





4 


Misc 











1 











2 


1 


4 


Total 


1442 


1121 


1471 


1293 


1481 


1606 


1581 


1421 


1498 


12914 


Treasurer 


Pre 1 


Pre 2 


Pre 3! 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


128 


75 


131 


100 


140 


125 


138 


105 


121 


1063 


Bob Maginn 


613 


417 


545 


502 


612 


640 


699 


609 


647 


5284 


Shannon P. Cbrien 


649 


596 


750 


652 


680 


795 


707 


667 


680 


6176 


MertonB. Baker 


52 


32 


45 


38 


48 


44 


36 


40 


49 


384 


Write-in 





1 








1 


2 








1 


5 


Misc 











1 








1 








2 


Total 


1442 


1121 


1471 


1293 


1481 


1606 


1581 


1421 


1498 


12914 


Auditor 


Pre 1 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


135 


92 


131 


88 


134 


129 


129 


122 


117 


1077 


A. Joseph Denucci* 


750 


627 


808 


721 


750 


879 


801 


721 


753 


6810 


Michael T. Duffy 


461 


327 


447 


385 


509 


506 


579 


487 


525 


4226 


Carla A. Howell 


94 


75 


85 


97 


87 


91 


71 


90 


102 


792 


Write-in 


1 











1 


1 











3 


Misc 


1 








2 








1 


1 


1 


6 


Total 


1442 


1121 


1471 


1293 


1481 


1606 


1581 


1421 


1498 


12914 


Representative Congress -5th 


Pre 1 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


65 


37 


52 


40 


42 


54 


46 


53 


49 


438 


Martin T. Meehan* 


982 


833 


1039 


909 


1066 


1148 


1097 


988 


990 


9052 


David E. Coleman 


392 


251 


380 


344 


371 


402 


437 


379 


456 


3412 


Write-in 














2 





1 





2 


5 


Misc 


3 














2 





1 


1 


7 


Total 


1442 


1121 


1471 


1293 


1481 


1606 


1581 


1421 


1498 


12914 


Councillor - 3rd District 


Pre 1 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


267 


183 


289 


213 


298 


282 


326 


251 


267 


2376 


John Henry Dejong 


573 


386 


481 


457 


544 


576 


632 


537 


588 


4774 


Marilyn Petitto Devaney 


599 


551 


701 


621 


635 


745 


623 


631 


641 


5747 


Write-In 


2 


1 








2 


1 





1 


1 


8 


Misc 


1 








2 


2 


2 





1 


1 


9 


Total 


1442 


1121 


1471 


1293 


1481 


1606 


1581 


1421 


1498 


12914 



-144- 



Senator General Court-5th Mldsx 


Pre 1 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9' 


Total 


Blanks 


75 


52 


89 


69 


67 


80 


72 


65 


65 


634 


Susan C. Fargo* 


783 


669 


846 


740 


822 


926 


848 


815 


799 


7248 


Thomas F. Healy 


583 


399 


535 


483 


590 


599 


661 


540 


632 


5022 


Write-in 








1 





1 


1 











3 


Misc 


1 


1 





1 


1 








1 


2 


7 


Total 


1442 


1121 


1471 


1293 


1481 


1606 


1581 


1421 


1498 


12914 


Representative In 






j 
















General Court-16th Mldsx 


Pre 1 


Pre 2 


Pl'6 3 1 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9' 


Total 


Blanks 


47 


24 


34 


36 


45 


40 


34 


34 


32 


326 


Carol C. Cleven* 


738 


502 


713 


585 


798 


808 


1007 


790 


825 


6766 


William F. Dalton 


655 


592 


722 


672 


638 


752 


539 


596 


638 


5804 


Write-in 





3 


2 








4 








3 


12 


Misc 


2 














2 


1 


1 





6 


Total 


1442 


1121 


1471 


1293 


1481 


1606 


1581 


1421 


1498 


12914 


District Attornev - Northern Dist 


Pre 1 


Pre 2 


Pre 3> 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


147 


88 


147 


112 


153 


146 


126 


132 


140 


1191 


Martha Coakley 


797 


710 


875 


796 


855 


987 


875 


840 


819 


7554 


Lee Johnson 


497 


322 


448 


383 


471 


471 


580 


448 


538 


4158 


Write-in 





1 


1 





2 


2 





1 





7 


Misc 


1 








2 














1 


4 


Total 


1442 


1121 


1471 


1293 


1481 


1606 


1581 


1421 


1498 


12914 


Sheriff - Middlesex Countv 


Pre 1 


Pre 2 


Pre3i 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


487 


312 


410 


371 


474 


463 


524 


450 


512 


4003 


James V. Dipaola* 


935 


802 


1051 


912 


994 


1122 


1047 


958 


971 


8792 


Write-in 


6 


7 


6 





9 


11 


8 


7 


9 


63 


Misc 


14 





4 


10 


4 


10 


2 


6 


6 


56 


Total 


1442 


1121 


1471 


1293 


1481 


1606 


1581 


1421 


1498 


12914 


Question 1 


Pre 1 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


116 


77 


97 


77 


83 


115 


79 


93 


78 


815 


Yes 


895 


751 


936 


795 


983 


1021 


1025 


930 


953 


8289 


No 


431 


293 


438 


421 


415 


470 


477 


398 


467 


3810 


Total 


1442 


1121 


1471 


1293 


1481 


1606 


1581 


1421 


1498 


12914 


Question 2 


Pre 1 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


110 


71 


87 


75 


90 


104 


100 


85 


78 


800 


Yes 


816 


671 


859 


729 


922 


956 


898 


857 


847 


7555 


No 


516 


379 


525 


489 


469 


546 


583 


479 


573 


4559 


Total 


1442 


1121 


1471 


1293 


1481 


1606 


1581 


1421 


1498 


12914 


Question 3 


Pre 1 


Pre 2 


Pre 3 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9 


Total 


Blanks 


84 


75 


82 


79 


86 


90 


81 


70 


70 


717 


Yes 


1166 


883 


1178 


985 


1220 


1296 


1344 


1191 


1245 


10508 


No 


192 


163 


211 


229 


175 


220 


156 


160 


183 


1689 


Total 


1442 


1121 


1471 


1293 


1481 


1606 


1581 


1421 


1498 


12914 


Question 4 


Pre 1 


Pre 2 


Pre 3! 


Pre 4 


Pre 5 


Pre 6 


Pre 7 


Pre 8 


Pre 9; 


Total 


Blanks 


61 


43 


63 


52 


51 


55 


62 


50 


40 


477 


Yes 


997 


797 


1062 


888 


1068 


1164 


1140 


1011 


1012 


9139 


No 


384 


281 


346 


353 


362 


387 


379 


360 


446 


3298 


Total 


1442 


1121 


1471 


1293 


1481 


1606 


1581 


1421 


1498 


12914 



*candidate for re-election 

Precinct 2 was adjusted 1 1/13/98 over seas vote 



145-